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RAJYA SABHA SECRETARIAT Role and Relevance of in Indian Polity

Proceedings of the Seminar organised on the occasion of the 200th Session of Rajya Sabha on 14 December 2003 in Parliament House Annexe, New Delhi

Editor Dr. Yogendra Narain Secretary-General Rajya Sabha

RAJYA SABHA SECRETARIAT NEW DELHI F. No. RS. 12/2/2004-R&L

CONTENTS PAGES

PREFACE i-iii

Understanding the Dr. Yogendra Narain Importance of Secretary-General, Rajya Sabha 1-3 @ 2004 BYRAJYA SABHA SECRETARIAT, NEW DELHI Rajya Sabha http:// parliamentofinida.nic.in http://rajyasabha.nic.in Redefining the role of Shri Bhairon Singh Shekhawat E-mail: [email protected] Rajya Sabha Vice-President of and Chairman, Rajya Sabha 5-8

Legacy of the Presiding Prof. Madhu Dandavate Officers of Parliament Former Union Minister of Finance and Minister of Railways 10-16

Upholding the federal Dr. L.M. Singhvi ethos of Indian polity Eminent Jurist and former Member of Parliament (RajyaSabha) 18-29

Rajya Sabha - a Shri Harish Khare Price: Rs. 75.00 'Chamber of Ideas' Associate Editor, The Hindu 32-35

Generating the spirit Shri Ranganath Misra of national togetherness Former and Member of Parliament (RajyaSabha) . 37-38

Standing the test of time Shri P. Shiv Shanker Former Union Minister and Member of Parliament ., . 40-42

Strengthening Rajya Sabha Shri Kuldip Nayar as afederal Chamber Veteran Journalist and former Member Published by the Secretary-General, Rajya Sabha and . . of Parliament of Parliament (Rajya Sabha) 44-48 printed by Akashdeep Printers, 20, Ansari Road, Darya Gan), New Delhi-ll0002 -- Enriching the nation Shrimati V.5. Rama Devi by useful deliberations Former Governor, Himachal Pradesh and Karnataka and former PREFACE Secretary-General, Rajya Sabha . 50-54

The Winter Session of Parliament of the year 2003 was the 200th Session of Representing the federal Shri Era Sezhiyan Rajya Sabha, a landmark in our parliamentary democracy. To celebrate this 56-57 character of the Indian Former Member of Parliament . historic occasion, various activities and programmes were organized. A Sub- Constitution Committee of the General Purposes Committee of Rajya Sabha was set up by the hon'ble Chairman, Rajya Sabha on 18 October 2003 to coordinate and Retaining the vision of the Shri R.c. Tripathi supervise celebrations to commemorate the 200th Session of Rajya Sabha, with Founding Fathers of the Former Secretary-General, Dr. (Smt.) Najma HeptuIla, the then Deputy Chairperson, Rajya Sabha as 59-61 Constitution Rajya Sabha . convener and Shri , the then Member of Rajya Sabha and currently the Minister of Defence, Shri , the then Member of Importance of Second Prof. Noorjahan Bava (Retd.) Rajya Sabha and now the Minister of Railways, Dr. P. C. Alexander, Shri Nilotpal Chamber in afederal and Department of Political Science, Basu, Shri Rama Shanker Kaushik, Shri Satish Pradhan, Dr. Alladi P. Rajkumar, 63-68 democratic polity University of Delhi . Shri Muktar Abbas Naqvi and Shri S. Viduthalai Virumbi as Members of the Committee. The Sub-Committee in its first meeting held on 6 November 2003 The two Houses: Playing Shri G.c. Malhotra inter-alia decided to organize a Seminar on the theme 'Role and Relevance of 70-72 a complementary and Secretary-General, . Rajya Sabha in Indian Polity'. The Committee felt that apart from academicians, supplementary role in renowned parliamentarians, elderly statesmen, journalists, eminent jurists, Indian polity former Secretaries-General should also be invited to speak in the Seminar. The Sub-Committee endorsed the proposal ofShri Nilotpal Basu that students from Towards a more Dr. (Shrimati) Najma Heptulla some Universities and prominent technological institutes may be invited to interactive democracy Former Deputy Chairperson, witness the proceedings of the Seminar, which it was felt, would help them to Rajya Sabha . 74-80 know and lmderstand the role played by Parliament in the constitutional scheme. Possibly for the first time in our parliamentary history, a decision was taken to Preserving the democratic Dr. P.L. Sanjeev Reddy invite the students to attend a Seminar organized to discuss one of the important ethos and spirit of the nation Director, institutions of our parliamentary democracy. Indian Institute of Public Administration . 82-83 In pursuance of the decision taken by the Sub-Committee of the General Purposes Committee, a Seminar on the theme 'Role and Relevance of Write-ups on Seminar Rajya Sabha in Indian Polity' was organized by the Rajya Sabha Secretariat in received from the students 85-122 collaboration with the Indian Institute of Public Administration (IIPA), New Delhi on 14December 2003in the Main Committee Room, Parliament House Annexe: The Seminar was inaugurated by the Vice-President of India and Letters of appreciation received from a Member and students 123-127 Chairman, Rajya Sabha, Shri Bhairon Singh Shekhawat. Eminent speakers from different walks of life, namely Professor Madhu Dandavate, Dr. L. M. Singhvi, Media coverage of Seminar 129-136 Shri Harish Khare, Shri Ranganath Misra, Shri P. Shiv Shanker, Shri Kuldip Nayyar, Shrimati V. S. Rama Devi, Shri Era Sezhiyan, Shri R. C. Tripathi and Prof. (Smt.) Noorjahan Bava addressed the Seminar. The other invitees to the Seminar were Shri G. C. Malhotra, Secretary-General, Lok Sabha and Dr. P. L.Sanjeev Reddy, Director, Indian Institute of Public Administration, who spoke on the occasion. On the occasion four books brought out by the Rajya

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Sabha Secretariat, namely 'Socio-Economic Profile of Members of Rajya Sabha '. The ~pee~hes delivered by the speakers during the Seminar have been (1952-2002); 'Humour in the House: A glimpse into the enlivening moods of Incl~ded In thI~volume. The text of the speeches were sent to the s eakers for Rajya Sabha'; 'Women Members of Rajya Sabha'; and 'Private Members' vetting, correctIOns,f etc. The texts of the speechesW h' IC hwere not P receIved . Legislation' were released by the Vice-President of India and Chairman, Rajya from some 0 the Speakers ,:ere edited alongwith the vetted speeches received Sabha and the then Deputy Chairperson, Rajya Sabha. fromI other speakers and sllltable headings have been gIven . t0 t h ese speeches I p .ace on recor~ my appreciation for the assistance rendered to me b th~ As a unique gesture, fivestudents each from the Central Universities, Indian officers. belongmg to the. Research and L'bI rary S' erVIce partIcularly. Y Institutes ofTechnology (IITs),Indian Institutes of Management (IIMs)and the S~n S.N. Sa~u, the the~ Direc.tor, Rajya Sabha Secretariat, Shri N. K. Sin h DIrector,Shn S.D. NautIyal, Jomt Director Ms R S'I A' . g, Indian Institute of Mass Communication (IIMC), New Delhi were invited to . b' . ' . osey al 0, sSlstant Director witness the proceedings of the Seminar. Showing an overwhelming response, a ill rIngmg out the volume. I~ope that the publication would be oflastin value total of 83 students from 18 Universities/Institutes had come to attend the tothe r~adersand general publIcand to thosewho are interested in the fun ~ . ofparlIamentary democracy. c onmg Seminar. The Universities/Institutes represented at the Seminar were Aligarh Muslim University; Babasaheb Bhimrao Ambedkar University, ; BanarasHindu University, Varanasi;Jamia MilliaIslamia,New Delhi; University, New Delhi; Pondicherry University; University of Delhi; DR. YOGENDRA NARAIN University of Hyderabad; Visva Bharati, Santiniketan; Indian Institutes of New Delhi Secretary-General Technology located at , Delhi, Guwahati, Kanpur, Kharagpur, November 2004 Rajya Sabha Chennai and Roorkee; and Indian Institutes of Management, Indore and Lucknow. Dr. (Smt.)Najma Heptulla, the then Deputy Chairperson, RajyaSabha, while referring to the celebrations of the 200'h Session at the conclusion of the Session on 23 December 2003, said in the House: "I think, the most important event which, I feel, of the 200'h Session celebrations was the Seminar which we organized and the Secretariathad worked very hard for it -because that Seminar had significance ... It is a very good effort towards creating an understanding among the youth and trying to make them feela part ofour democratic process."

In her valedictory remarks, Dr. (Smt.) Najma Heptulla, while thanking the students for attending the Seminar, requested them to write about their experiences of the Seminar. She also said that the Rajya Sabha would give awards for the three best write-ups. In response to our request in this regard, we received write-ups from students of Babasaheb Bhimrao Ambedkar University, Lucknow; Jawaharlal Nehru University, New Delhi; Banaras Hindu University, Varanasi; Indian Institute of Technology, Bombay; Indian Institute of Technology, Kanpur; and Indian Institute of Technology, Delhi. The two write-ups adjudged as the first and second were received from a student each of Jawaharlal Nehru University, New Delhi and the Indian Institute of Technology, Bombay, respectively. They have been given prizes for their write- ups by the RajyaSabha Secretariat. All the write-ups received from the students have been edited and included in this volume. As the Seminar received good coverage in the print media, all the press clippings on the Seminar and letters of appreciation received from a member and students have also been included in the Annexure.

- r-o~------Shri Bhairon Singh Shekhawat, Vice-President of India and Chairman, Rajya Sabha Shri Bhairon Singh Shekhawat, Vice-President of India and Chairman, Rajya Sabha releasing a lighting the ceremonial lamp m the Semmar on the theme book titled Humour ill fhe House - A glimpse illfa the elllivellillg mo<.ls of Rajya Sablln. TI,e then Role and Relevance of Rajya Sablln III Indlnll PolIty Deputy Chairperson, Rajya Sabha Dr. (Smt.) Najrna Heptulla, Secretary-General, Rajya Sabha, Dr. YogcndraNarain and Secretary-General,lok Sabha,Shri G. C. Malhotra are also present on the dais

Dr. (Smt.) Najma Heptulla, the then Deputy Chairperson, Rajya Sabha, Shri Bhairon Singh Shekhawat, Vice-President of India and Chairman, Rajya Sabha releasing lighting the ceremonial lamp in the Semmaron ~he theme a book titled Socio-efOllomic Profile of Members of Rajya Sablln 11952-2002) Role alld Relevallce of Rajya Sablln III Illdlnn lollty

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Dr. (Smt.) Najma Heptulla, the then Deputy Chairperson, Rajya Sabha releasing books titled Womell Members of Rajya 5ablw alld Private Members' Legislatioll. On the dais (R to L) Dr. Yogendra Narain, Secretary-General, Rajya Sabha, Shri Bhairon Singh Shekhawat, View of the Seminar , Vice-President of India and Chairman, Rajya Sabha and Shri G.c. Malhotra, Secretary-General, Lok Sabha are also seen

View of the Seminar Students at the Seminar

vi vii Students at the Seminar Students attending the Seminar

Students attending the Seminar

viii ix UNDERSTANDING THE IMPORTANCE OF RAJYA SABHA'

Hon'ble Vice-President of India and Chairman, Rajya Sabha, Shri Bhairon Singh Shekhawatji; hon'ble Deputy Chairperson, Rajya Sabha, Dr. (Smt.) Najma Heptullaji; Secretary-General, Lok Sabha, Shri G.c. Malhotraji; Director of the Indian Institute of Public Administration, Dr. Sanjeev Reddyji, distinguished speakers, Members of Parliament, dear students from Central Universities, the Indian Institutes of Technology (IITs), the Indian Institutes of Management (IIMs), media personalities of the electronic and print media, officers of both the Rajya Sabha and the Lok Sabha Secretariats, ladies and gentlemen.

It is my proud privilege to extend a warm and hearty welcome to all of you to this Seminar on the 'Role and Relevance of Rajya Sabha in Indian Polity' being jointly organised by the Rajya Sabha Secretariat and the Indian Institute of Public Administration to commemorate the 200'h Session of Rajya Sabba.

The scheme of bicameralism, i.e., the two Houses of Parliament was first incorporated in the Constitution of India Bill, 1895. Later in 1927, the Swaraj The scheme of bicameralism, Dr. Yogendra Narain, Secretary-General, Rajya Sabha delivering a Welcome Address Constitution proposed by the Committee i.e. the two Houses of in the Seminar on the theme Role and Relevallce of Rajya Sab"a ill I",iian Polity. Seen on the headed by Motilal Nehru advocated a dais, on his right are Shri Bhairon Singh Shekhawat, Vice-President of India and Chainnan, legislature with two Chambers for Parliament was first Rajya Sabha, Dr. (Sm!.) Najma Heptulla, the then Deputy Chairperson, Rajya Sabha independent India. Rooted thus in the incorporated in the and Shri G. C. Malhotra, Secretary-General, Lok Sabha traditions, reared and nurtured during our Constitution of India Bill, fight for freedom, the Council of States, 1895. Later in 1927, the Swaraj "The aim of the Seminar is two-fold - tl1vareness creation and self-education; popularly known as Rajya Sabha, has Constitution proposed by the Committee headed by Motilal awareness among those who see Parliament from the prism of tile outside wo:ld emerged as a shining example of a Second Nehru advocated a legislature and who aregoing to be ti,e leaders of tomon"ow - the youths, tIIldself-educatIOn Chamber with a splendid record of with two Chambers for for those who live in the world of parliamentary life and would like to leal'llfrom performance and innovation which is now independent India. ti,e experience of those who have preceded them in this vocation." looked upon with admiration by the rest of the world. -Dr. Yogendra Narain To understand the importance of Rajya Sabha, to comprehend its evolution more critically and appreciate the challenges confronted by it, this Seminar

, Text of the Welcome Address delivered by Dr. Yogendra Narain, Secretary-General, Rajya Sabha x Role and Relevance of RajyaSabha in IndianPolity 2 3

lh Besides,it is our privilege to h . h has been organised on the historic occasion of the 200 Session of Rajya Sabha. Institutes of Management located :~~~re u:~oday 9 students from the Indian Renowned and outstanding personalities from different walks of lifehave been students from such prestigious educational tec~n~~~~~~~~~~~~:~:s7 b:ighdt invited to express their valuable ideas. . a very warm and special welcome. ' ex en The aim of the Seminar is two-fold - awareness creation and self-education; awareness among those who see Parliament from the prism of the outside world I also welcome in our midst officers of the L k S .. Secr~tariats, members of media, staff of the Cent~1 P:~7i: ~=r~egaJya Sabha and who are going to be the leaders of tomorrow - the youths, and self-education Horticulture Department and others wh ... s epartment, for those who live in the world of parliamentary life and would like to learn Seminar are valuable. ose contnbutions m organising this from the experience of those who have preceded them in this vocation.

I am sure that deliberations of thi.SS. . Let me warmly welcome the outstanding and renowned speakers, . f . emmar are gomg to b d . In ormatlve and instructive to all of us e e ucatlve, • Prof. Madhu Dandavate, Shri Era Sezhiyan, Shri P. Shiv Shanker, Shrimati V.S. Rama Devi, Dr. L.M. Singhvi, Shri Ranganath Misra, Shri Kuldip Nayar, Shri Harish Khare, Shri R.C. Tripathi and Prof. (Smt.) Noorjahan Bava who have excelled in their respective fields and are acknowledged for their rich ideas and contributions.

It isalso, indeed, a great privilege to have with us eminent parliamentarians who, in spite of their heavy load of work relating to the current session of Parliament, have found time to attend this Seminar. I also cordially welcome them.

Hon'ble Chairman, Sir, and distinguished speakers, let me inform you that, possibly for the first time in the history of our Parliament, a decision was taken to invite students of the Central Universities, IITs and IIMs to attend a Seminar organised by a particular House of Parliament to discuss one of the important institutions of parliamentary democracy. It was thought that the discussions of a Seminar of this importance must be shared by students of our country on whose shoulders the future of our country rests and who must understand the functioning of Parliament in proper perspective. We requested all the Central Universities, IITsand IIMsto send five students each. In response to our request, we have now a total of 83students with us. Central Universities such as the Jawaharlal Nehru University UNU), Banaras Hindu University (BHU),Jamia Millia Islamia, New Delhi, University of Hyderabad, Pondicherry University, Aligarh Muslim University, Babasaheb Bhimarao Ambedkar University, Lucknow, Visva Bharati, Santiniketan and University of Delhi have sent 41 students.

I have great pleasure in announcing that we also have with us 33 students from the IITs of Roorkee, Madras, Delhi, Bombay, Guwahati, Kanpur and Kharagpur. REDEFINING THE ROLE OF RAJYA SABHA'

Hon'ble Deputy Chairperson, RajyaSabha, Secretary-General, RajyaSabha, Secretary-General, Lok Sabha, Director, lIPA, Dr. Manmohan Singhji, Members of Parliament and distinguished gathering. I welcome you all. My greetings to the distinguished speakers and the participants. I offer my thanks to the Deputy Chairperson for organising this Seminar on a very appropriate subject. When Rajya Sabha is in its 200lh Session, and has been functioning for over half a century, it is indeed very useful to review the 'role' and 'relevance' of Rajya Sabha in the present and developing context.

Our Constitution provided bicameral legislature at the Centre and assigned a unique role to Rajya Sabha. It is the permanent House of the Parliament of India which is the Union of States. This House provides representation to the States and is, therefore: very appropriately called the Council of States.

What role for Rajya Sabha did the makers of our Constitution envisage? The first Chairman, Dr. S. Radhakrishnan, very. lucidly defined this when the RajyaSabha had its first Session on May 13,1952.He had observed, and I quote: Vice-President of India and Chairman, Rajya Sabha, Shri Bhairon Singh Shekhawat delivering the inaugural address in the Seminar. Seen on the dais on his left are There is a general impression that this House cannot make or unmake Dr. Yogendra Narain, Secretary-General, Rajya Sabha, Dr. P. L. Sanjeev Reddy, governments and, therefore, it is a superfluous body. But, there are Director, Indian Institute of Public Administration and on his right Dr. (Sml.) Najma functions, which a revising Chamber can fulfil fruitfully. Parliament is HeptulIa, the then Deputy Chairperson, Rajya Sabha, Shri G. C. Malhotra, not only a legislative but also a deliberative body. So far as its deliberative Secretary-General, Lok Sabha functions are concerned, it will be open to us to make very valuable contributions, and it will depend on our work whether we justify this two "Perfonnance and functioning of Parliament are under watch and scrutiny of Chamber system, which is now an integral part of our Constitution. So, it public as well as the media. As House of Elders, and as Council of States, is a test to which we are submitted. We are for the first time starting under Rajya Sabha will have to give lead and set high standards for other elected the parliamentary system, with a second Chamber in the Centre and we bodies including State Legislatures and Zila Parishads to emulate. That would should try to do everything in our power to justify to the public of this also enthuse and inspire the younger generation and secure their participation country that a second Chamber is essential to prevent hasty legislation. in improving public govemance and nation building." Unquote.

- Shri Bhairon Singh Shekhawat During the span of last fiftyyears, RajyaSabha has performed this expected role with distinction and success; its performance has surely strengthened the

, Text of the Inaugural Address delivered by Shri Bhairon Singh Shekhawat, Vice-President of India and Chairman, Rajya Sabha .1.

RajyaSabha in IndianPolity 7 6 Roleand Relevanceof

roots of democracy. There has been substantial and significant contribution by deliberations and constructive debates, Rajya Sabha should be making positive hon'ble members in the form of reasoned and dignified debates which also and specific recommendations on new strategies and programmes for highlighted political consciousness. Pages after pages of Rajya Sabha debates appropriate legislative and executive follow-up actions. I have no doubt these show how the concerns of the people's welfare and development, with a recommendations are bound to receive due consideration by the concerned futuristic outlook, guided deliberations in the House. As an illustration, it authorities. would be relevant to recall that the issue of deforestation and displacement of tribals from the forest lands was raised by a member as early as in the year RajyaSabha has also to be sensitive and concerned with the aspirations of 1952itself. Indeed, the deliberations in the House have always been guided by the States. In the present political scenario, Rajya Sabha has a special role to long-term vision for growth and development in the larger interest of the people. bring about coherence and In the present political scenario, Rajya congruence in national and state Today, we need to ponder as to how Sabha has a special role to bring about development policies. Many to redefine and reorient the role of Rajya Today, we need to ponder as to coherence and congruence in national programmes and projects of Sabha so as to make its performance more how to redefine and reorient and state development policies. national importance often touch the role of Rajya Sabha so as to relevant and effective in meeting the upon the sensitivity of the Centre- make its performance more present and the future challenges. We relevant and effective in State relations. Inter-State water disputes and National Mission for interlinking have the vision of making India a front- meeting the present and the of rivers are the typical examples. Rajya Sabha would need to be concerned line developed Nation by the year 2020. future challenges. We have the with such sensitive issues and evolve suitable and appropriate manner of In this task, we shall have to face in the vision of making India a front- performing its role towards addressing these issues. next two decades challenges of economic line developed Nation by the growth and public governance. There will year 2020.In this task, we shall Today, there is great public interest in the functioning of our Parliamentary be growing pressure to fulfil the have to face in the next two institutions. Performance and functioning of Parliament are under watch and decades challenges of aspirations of the people, promote their scrutiny of public as well as the media. As House of Elders, and as Council of economic growth and public welfare and undertake speedy States, Rajya Sabha will have to give a lead and set high standards for other governance. development with efficient, hassle-free elected bodies including State Legislatures and Zila Parishads to emulate. That and corruption-free governance. would also enthuse and inspire the younger generation and secure their participation in improving public governance and nation building. The key issue is : how shall we prepare to face these challenges? Poverty alleviation, population stabilisation, electoral reforms, speedy justice, national Some other aspects relating to functioning of Rajya Sabha also deserve a security are such areas which need fast track action based on consensus. I I It is essential to review. We should have a critical look at the system of functioning of the Poverty alleviation, population stabilisation: elec- evolve an approach of committees of Rajya Sabha. Can we make their functioning more effective and toral reforms, speedy justice, national security are action in respect of purposeful? Also, how shall we enthuse our hon'ble Members to be more pro- such areas which need fast track action based on such important active on key issues of national importance and act as healthy competitors in consensus. It is essential to evolve an approach of national issues based the endeavour to serve the nation? action in respect of such important national issues on consensus not based on consensus not only amongst political only amongst Dear students, Iam happy to see you here in good number. You, the youth parties but also between the Centre and the States. political parties but of the country, are going to be the builders of the developed India. You have Through. serious discussion, deliberations and also between the the responsibility to further strengthen the roots of democracy in our country. constructive debates, Rajya Sabha should be mak- You have also the opportunity to make our democracy not only the largest in ing positive and specific recommendations on Centre and the new strategies and programmes for appropriate States. Through the world but also a great democracy by building a strong and powerful India. legislative and executive follow-up actions. serious discussion, I have an abiding faith in the destiny of our country. I am sanguine that with .l..

8 Role and Relevance of

commitment, motivation and hard work, you shall definitely build a fully developed India of our dreams.

Friends, today we have very distinguished speakers at this Seminar; they are persons of eminence, with rich and varied experience in public life, journalism, legal profession and academics. I am sure with their deep insight and in-depth understanding of the Indian polity, they would throw valuable light on the topic of today's Seminar.

With these words, I have great pleasure in inaugurating this Seminar. I am sure the deliberations would be enlightening, purposeful and productive. Thank you, fai Hind!

Prof. Madhu Dandavate delivering a speech in the Seminar. Dr. L. M. Singhvi eminent jurist and former M. P. (Rajya Sabha) (L) and Shri Abani Roy, M. P. (Rajya Sabha) (R) are also seen

"You will realise how venj necessanj it is, and how venj appropriate it is to have two Houses of Parliament. If something goes wrong in one House, the correction can take place in the other House."

- Prof. Madhu Dandavate

-- - RajyaSabha in IndianPolity 11

House and to its legacy, its heritage, by communalists and terrorists who tried to attack this very temple of democracy. Some of those who were in charge of LEGACY OF THE PRESIDING OFFICERS security of Parliament House died. They became martyrs. When I remember OF PARLIAMENT' this, I am reminded of the famous War Memorial at Kohima on which the inscription is, "When you go back home, tell them and say, for their tomorrow we gave our today." So, with this homage to those who tried to defend the Hon'ble Dignitaries of Parliament and friends, as I initiate the discussion securityofour Parliament, Iwould move on to the subject of the Seminar. Though in this Seminar on the Role and Relevance of Rajya Sabha, my mind goes back to the subject is the relevance of Rajya Sabha, let us not forget that Lok Sabha and the year 2002 when on RajyaSabha were the twin products of the original Central Legislative Assembly the eve of the Republic th As I think of the 13 of December, my mind is over which a veteran like Vithalbhai Patel presided and created certain traditions Day,the then President, filled with a sense of pride and a sense of agony as both for the present Rajya Sabha as well as Lok Sabha. The spectacular work Shri K.R. Narayanan well. Sense of pride because in 1946, on this that he did was that he insisted on the separation of legislature, executive and and also the former very historic day, the 13th of December, late Pt.Jawaharlal Nehru, while moving the Objectives judiciary. With a clear objective,remember, that too in the Britishdays, he stressed Chairman of Rajya Resolution in the Constituent Assembly, made a that if the legislature is to function in an unfettered manner, executive of the Sabha, made a very commitment on behalf of the nation to the social government should not be able to pressurise the legislative cadre and thereby moving and touching objectives, freedom, democracy and secularism. destroy the sanctity as well as freedom of the legislature. reference to the 13th of That was the day of nation's commitment. Again, December. As I think of some years back, a threat was posed on the 13th the 13th of December, of December to the Parliament House and to That was the contribution that Vithalbhai made. Of course, in those days, its legacy, its heritage, by communalists and my mind is filled with the Britishers could not accept that structure. But, he declared on the floor of terrorists who tried to attack this very temple of Parliament - then the Central Legislative Assembly, "as the elected President, I a sense of pride and a democracy. sense of agony as well. announce that Motilal Nehru will move a resolution for such a separation and Lala Lajpat Rai will second the resolution." Strangely enough, that resolution Sense of pride because in 1946, on this very historic day, the 13th ofDecember,late Pt.Jawaharlal Nehru, while moving the ObjectivesResolution was adopted unanimously and that created the foundation of separation of legislature, executive and judiciary. ...let us not forget that Lok Sabha and Rajya Sabha in the Constituent Assembly, made a were the twin products of the original Central Another significant contribution in those days, before Rajya Sabha was Legislative Assembly over which a veteran like commitment on born, was in relation to the Public Safety BillNO.1 and BillNO.2. In essence, the Vithalbhai Patel presided and created certain behalfof thenation to Billwas there to suppress the liberty of the freedom fighters and civil liberties of traditions both for the present Rajya Sabha as well the social objectives, as Lok Sabha. The spectacular work that he did was freedom, democracy the people. The first Billwas put to vote. The voting was 61 for and 61 against that he insisted on the separation of legislature, and secularism. the Bill. And, very courageously, Vithalbhai Patel got up and said, "I have executive and judiciary. With a clear objective, That was the day unenviable right of a casting vote. I cast my vote against this Bill." The Billwas remember, that too in the British days, he stressed of nation's defeated. And, when the second Billcame, the real acumen of the President of that if the legislature is to function in an unfettered the Central Legislative Assembly was demonstrated. Hardly the discussion on manner, executive of the government should not be commitment. Again the Billwas started, it was a Billthat gave enabling powers to suppress the civil able to pressurise the legislative cadre and thereby some years back, a destroy the sanctity as well as freedom of the threat was posed on liberties of the people and urges and aspirations of the freedom fighters, legislature. the 13th of December Vithalbhai Patel rose in the House and said, "I was thinking about two parallel to the Parliament developments. While there is a Public Safety Billon the anvil and you are going • Text of the speech delivered by Prof. Madhu Dandavate, to discuss the suppression of freedom and civil liberties, outside we find the former Union Minister of Finance and Minister of Railways Meerut conspiracy case going on in the court, in which patriots and 12 Role and Relevance of RajyaSabha in Indian Polity 13 revolutionaries were on trial. In that case what happens in the judicial forum unanimously agreed to. Accordingly, resolutions were passed in Rajya Sabha, will also affect the debate in the legislature on the Public Safety Bill. And, I, in my Lok Sabha and State Legislatures that: own right, as the President of this institution, 1declare that this debate is adjourned sine die." The British Government did not like it. Earlier, Bhagat Singh had Ifany Privilege Motion comes against a Member, who is not the Member of thrown a bomb in the Parliament. After that incident occurred, a police officer, that House, that House should not deal with the Privilege Motion, but pass an Englishman in uniform was occupying a seat in the visitors' gallery. it on to the Speaker or the Chairman of the concerned House. He should Vithalbhai just looked at the gallery and shouted, "I am the custodian of this accordingly deal with it. House. How does this English police officer occupy the visitors' gallery?" The Home Member, a Britisher got up (he was called Home Member) and said, "Sir, So, this procedure was evolved and things were settled. 1am giving this \, as a Home Member, have allowed him. 1take the responsibility." At the top of example to show that the highest in the legislature could not succumb to the his voice, Vithalbhai gave his ruling, "Hon'ble Home Member, hold your tongue pressure of the highest in the executive. After all, Pt. Jawaharlal Nehru was a and restrain yourself. Otherwise, 1will have to throw you out of the House." He man of great stature. His word was the final word in politics at that time. But sank in his seat. And the British police officer sitting in the gallery ran away. even then the Speaker exerted his authority. He was very keen about the sanctity The galleries were closed for all visitors for sometime and then the code of of the Speaker's Office. He said, "Whether it is the Chairman of the Rajya Sabha, conduct was evolved regarding visitors. That was the way to set up precedents or, whether it is the which also become today the precedent for the guidance of Rajya Sabha as Speaker of an Assembly, Once, inadvertently, Pt. Jawaharlal Nehru sent well as Lok Sabha. he has his own dignity." a note to the then Speaker, Shri Mavalankar, Once, inadvertently, Pt. which said, "Sir 1have some urgent work with There is one more aspect which, to my mind, is extremely important. Very Jawaharlal Nehru sent a you. Will you come to my chamber?" often there is some sort of conflict between the two Houses - Rajya Sabha and note to the then Speaker, Shri Mavalankar on the same note wrote, Lok Sabha. Here again, was another Speaker who tried to guide the interest of Shri Mavalankar, which "According to the accepted conventions of parliamentary life, a Speaker does not go to the both the Houses. There was an occasion, if 1remember correctly when Rajya said, "Sir, 1 have some chamber of any executive, including that of the Sabha had passed the Special Marriage Bill. And, one Member of Lok Sabha, urgentworkwithyou. Will Prime Minister. However, if YOll have any work, Shri N.C. Chatterjee delivering a speech outside Parliament said, "After all, youcometomy chamber?" YOll are welcome to my chamber." And, look at who has passed this Special Marriage Bill? A pack of urchins!" Next day, a Shri Mavalankar on the the humility of Pt.Jawaharlal Nehm. On the same privilege issue was raised in Rajya Sabha against Shri N. C. Chatterjee. At that same note wrote, note, he said, "I give my unqualified apologies to time, the Secretary of Rajya Sabha communicated all those discussion papers "According to the you for the impropriety I have committed. Sir, I about privilege issue to Shri N. C. Chatterjee. Shri N. C. Chatterjee gave a accepted conventions of am coming to your chamber to discuss the counter motion against the officials of Rajya Sabha. At 12 0' clock, the Speaker, parliamentary life, a proposition." So, such were the executives and Mavalankar, got up and said, "I have received a counter privilege motion from Speaker does not go to such were the people who were presiding authorities. That is why the dignity of Parliament a Member of this House, Shri N.C. Chatterjee because he was subjected to the the chamber of any. jurisdiction of the other House." The then Prime Minister, Jawaharlal Nehru was maintained. This is the legacy that is to be executive, including that carried out. got up and said, "Sir, that Member of our House has the temerity to call the of the Prime Minister. Rajya Sabha a 'pack of urchins". The Speaker said, "Mr. Prime Minister, please However, if you have any wprk, you are we.l~ome to my chamber." And, look at take your seat. So long as 1am the Speaker of this House, 1will never allow a the humility of P~"Ja:~vaharlal Nehru. On the same note, he said, "I give my Member of my House to be subjected to the jurisdiction of the other House. unqualified apologies to.ypu for the ilI).propriety I have committed. Sir, I am And Shri N. C. Chatterjee is fully justified in raising the privilege issue. Anyway, .! coming to your chamb,~r to discuss the proposition." So, such were the I will show a way out." He said, "Let the Presiding Authorities of various executive~ apr .~~c~,wer~ tile people who were presiding authorities. Jhat is States, the Rajya Sabha and the Lok Sabha meet and try to find out if any such why the c!ignity o~p'arli'!rne,r:t was maintained. This is,the legacy that is to be exigency occurs, what should be the procedure to be followed." It was carried au t. ,~.:.~ -. " , ": . , _ a.a.. a.. _._------

Rajya Sabha in Indian Polity 15 14 Role and Relevance of

There are other isstles. Take 'Budget' for instance. As far as the Budget is competence of the Finance Minister. That means he had projected a lot of concerned, Financial Bills and Money Billscan originate only in Lok Sabha. But resource mobilisation and checked unnecessary expenditure. So, I went through they are laid on the Table of Rajya Sabha also. But once I noticed that 182 the asterisk mark at the top of the revenue deficit figure. The footnote at the notifications were issued by the Finance Minister introducing changes in certain bottom said that this smaIl revenue deficit had been estimated by transferring Rs. 2,300/ - crores from the Capital Account to the Revenue Account. customs duties and they were laid on the Table of Lok Sabha. The Finance Dr. Manmohan Singhji is sitting here. He knows alI these technicalities. From Minister issued these notifications almost during ten days prior to the Budget. the Oil Coordination Committee Fund, which is a Capital Account, an amount On this subject, I raised a privilege issue in Lok Sabha. Then the Speaker took a of Rs. 2,300/- crores was wrongly transferred to the Revenue Account. Now, if very technical view. He said, "There is a Customs Act which gives the permission Rs.2300/ - crores additional amount is available to the Revenue Account, in that to the Finance Minister to lay on the Table of the House such notifications to case, naturally the revenue deficit will go down. So, I gave a Privilege Motion change the customs duties." The matter was raised in Rajya Sabha also. Now against the Finance Minister that in manipulating a small revenue deficit, the you will realise how very necessary it is, and how very appropriate it is to have Finance Minister had misguided the House and therefore it was a breach of two Houses of Parliament. If something goes wrong in one House, the correction privilege on the part of the Finance Minister. And the Speaker of the House, at can take place in the other House. A vigilant Member of Rajya Sabha raised a that time, gave an elaborate ruling. In every paragraph he had criticised the question of privilege for laying on the Table of Rajya Sabha 182 notifications Finance Minister and pointed out that it was wrong to transfer amount from the which proposed certain changes in the customs duty. And look at the remarkable Capital Account to the Revenue Account and artificially create an impression ruling that was given by the Chairman of Rajya Sabha. The Chairman said: that revenue deficit was small. This should be avoided in the future. Paragraph after paragraph his ruling criticised the Finance Minister. Many Opposition Technically, the Customs Act might be allowing Finance Minister to lay on members were clapping, but I was keeping quiet because I knew that the real the Table of the House notifications making changes in the customs duty, crux of the problem will be in the last paragraph. And, in the last paragraph, but propriety demands that since only one week is left for the Budget to be after criticising the Finance Minister and advising him not to commit any such presented, such an impropriety should not be committed. And I would like impropriety in the future, he said, "However, in order to show that the Minister to warn that in future such impropriety should be avoided. has committed a breach of privilege, two elements are necessary. One is, that he has committed breach of certain procedures, constitutionalities, and secondly, So, sometimes, when both the Houses exist, if something is lacking in one you have to prove that he has done it deliberately. The Speaker observed that I House, probably, it can be corrected in the other House. I don't say that Rajya was not able to establish the motivation. Then I said, Sir, if there is an earthquake Sabha is the House of correction for Lok Sabha. How can I say that? I have been in any region, I can take a seismometer and fix it to the earthquake area and find a Member of Lok Sabha for 25 years. Though I became an elder, I never went to out exactly where the epicenter lies, but I had no seismometer which I could fix the House of Elders. ~othe Finance Minister's chest and try to find out what exactly was the inner ITItentionof the Finance Minister. But the comedy came next year. Next year, Sir, I won't take much time. As far as the budgetary process in both the unfortunately or fortunately, I became the Finance Minister. When we were Houses is concerned, a very powerful instrument is there in the hands of the formulating the Budget, one expert said, "Sir, shall we transfer a part of the parliamentarians. And if I remember the financial year right, it was 1989-90. Capit~1Account to the Revenue Account? I said, "you are a wonderful expert. The Finance Minister presented the Budget in Lok Sabha. And, after that it Last hme, the Finance Minister actuaIly escaped the Privilege Motion because it was laid on the Table of Rajya Sabha so that a debate could take place there ~ouldnot be proved that it was done deliberately. But now, as a Finance Minister, also. Ialways go through the Budget papers and I tell my friends, and especially If! do it, the Speaker would remind me that it was you who had raised that issue; the students, that while reading the Budget, they should have a magnifying so,you knew that this was a breach of privilege. Knowing that if you commit the glass, and they should try to look for the asterisk marks that are given at the same breach this year, you will be committing a breach of privilege. top on certain numbers, the footnotes for which are given at the bottom of the .As far as the independence of the two Houses is concerned, I will end by papers. Once I found that in the 1989-90Budget, the Finance Minister projected quoting my experience. Mavalankar had given the ruling that there should be a very small revenue deficit. A very small revenue deficit is an index of the

- - ---=--- -- &

16 Role and Relevance of

no interference of one House with another. I myself was the victim. The observations that I had made on the floor of Lok Sabha in one particular case were discussed in one State Legislature. I don't want to name but you can imagine, I leave it to your imagination. When one State Legislature discussed my observations on financial irregularity that I had pointed out in Parliament, all those documents regarding discussion about my observations were sent to the Speaker of Lok Sabha for taking the necessary action. We were almost coming to the end of the tenure of Lok Sabha. Therefore, I got up in Lok Sabha and said, "Sir, for a long time, those matters were pending with you. We are almost coming to the end of Lok Sabha. So, I have only one request that you should give your ruling either before the dissolution of Lok Sabha or before my death, whichever is earlier." He responded promptly and said, "Sir, Idon't want you to die. Here and now, I am giving the ruling in your favour. Ours is an independent House and the sanctity and the independence of this House has to be protected." 111atis how things happened. So many things can be said, but I should not encroach on your time, and I should not take advantage of the fact that there is no bell on the Table.

Once I was pointed out by the presiding authority who happened to be a lady, that everytime Icompleted one point, I would say, "in the end, I conclude" and continued. Like that, it happened four times. She tried to ring the bell. She said, " Professor Dandavate, every time I try to ring the bell, you say, "in the end", "in conclusion", and you continue your speech." I said, "Madam, I have been a Professor of Physics and our discipline teaches that when you Dr. L. M. Singh vi delivering a speech in the Seminar. On his left are also seen elaborate any proposition, after every point is completed we should draw the Prof. Madhu Dandavate and Shri Abani Roy, M.P. (Rajya Sabha) conclusion before we make the next point. 111atis why I went on." And when I performed that trick, she laughed heartily and I ultimately said, "Madam, "Rajya Sabha has to be seell, first and foremost, as a federal chamber, as a under the umbrella of your charming smiles, I will take two minutes more." I chamber reflecting the federal ethos of Illdiall polity. It has to be seell as an was given five minutes more. Thank you. institutioll which shares power with the House of the People alld imparts a federalflavour alld afederal imprimatur to pariialllentanj deliberations:'

- Dr. L. M. Sillghvi

10' • •

RajyaSabha in IndianPolity 19

bea decent self imposed rule of restraint and propriety. Mr. Chairman, Sir, we have gathered today to celebrate the Golden Jubilee of RajyaSabha and pay our UPHOLDING THE FEDERAL ETHOS tribute to fifty years of what has been a remarkable discourse of the nation. It is OF INDIAN POLITY' ultimately in this history that we find the accumulated wisdom of our parliamentary life and the vignettes of our collective triumphs and lapses in the dialecticsand dynamics of democratic institutional evolution. Mr. Chairman, Sir,Madam Deputy Chairperson, the distinguished Leader of the Opposition, Dr. , Professor Madhu Dandavate, whom If I may say so, the media nomenclature of the Lower House and the I have had the privilege of knowing for four decades, Rama Deviji who has Upper House and the nomenclature of the House of Elders and of the First authored the basic text on precedents, principles and interpretation of House for Lok Sabha and the Second House for Rajya Sabha are indeed so procedures in Rajya Sabha, the second chamber to which I have the privilege misleading that our first Prime Minister had to dispel and repudiate the to belong. Mr. Tripathi who was until recently our Secretary General, and nomenclature as being misconceived and misplaced. 'TIle Second Chamber' who has written a book which isan outstanding contribution to the institutional necessarilycarries a connotation ofsecondariness. Ihave myself been a Member theme of Rajya Sabha. ofboth the Houses. Isubmit that there is nothing secondary in the bicameralism ofIndia. Nor is it correct to call Rajya Sabha as the House of Elders because the Ifwe were to fix a meter on the chest of my distinguished friend, Professor average age of the membership of the two Houses may well be found to be Madhu Dandavate, who quite similar or proximate on a specific computation. has just spoken, I think, we Mr. Chairman, Sir, we have gathered today to would find indicators of celebrate the Golden Jubilee of Rajya Sabha Mr. Chairman, Sir, my historical perspective informs me that the idea of and pay our tribute to fifty years of what has vast experience, profound bicameralism came into operation in India as far back as 1921in our country. patriotism and a strong been a remarkable discourse of the nation. It is ultimately in this history that we find the The reforms initiated by the British Government did envisage and did put in sense of ethics and accumulated wisdom of our parliamentary life place a Second Chamber as far parliamentary tradition. I ...the idea of bicameralism came into and the vignettes of our collective triumphs back as the reforms of 1919. They operation in India as far back as 1921 applaud him as a and lapses in the dialectics and dynamics of in our country. The reforms initiated were implemented in 1921...1 repository of many democratic institutional evolution. by the British Government did envis- would, however prefer to trace the memorable moments in ge and did put in place a Second birth chart pedigree of our Rajya our parliamentary history although I preceded him in Parliament. He was a amber as far back as the reforms of Sabha to the year 1952 under our vigilant Member, an excellent Minister and a wonderful human being with an 919. They were implemented in 1921. Constitution and not to the impeccable track record in public previous Houses which were 'The Second Chamber' necessarily life. He reminds me of the conceptually, structurally and functionally quite different and have to be carries a connotation of secondariness. function and duty of vigilance we contextualised in their own setting of time and place differently. We adopted I have myself been a Member of both all owe as Members of either the Houses. I submit that there is intheConstitution the nomenclature "Council of States." I prefer Pandit Motilal nothing secondary in the bicameral- House and vociferous recourse to Nehru's nomenclature. He called it the Senate. We would do well to adopt ism of India. . the forum of Parliament in and popularise the nomenclature Senate which would be better understood discharge of that duty. As an throughout the world. Mr. Chairman, Council of States is not quite as elegant Independent Member of the Third Lok Sabha, I felt much freer than a party an expression as the expression, "Senate". There may, of course, be two or rna . member in Rajya Sabha despite the freedom my party gives me for there has to re VIewson the subject.

• Text of the speech delivered by Dr. L.M. Singhvi, eminent jurist and In academic discussions and in Parliament we are bound to go to the pros former Member of Parliament and cons of iSsues. We often adopt the approach of explaining both sides and • ••••••••••••••••••• •

20 Role and Relevance of RajyaSabha in IndianPolity 21

say, "on the one hand this is so and on the other hand that is so". I should Constitution-makers after the French Revolution when this question of the recount an American anecdote on that approach. The anecdote has it that Second Chamber came up. It was said in France long ago, "if the Second President Truman was so exasperated when he found all his advisors and Chamber disagrees with the first chamber, it is mischievous, and if it concurs experts talking to him in that language of "on the one hand and on the other with the first chamber, it is redundant and superfluous". I need hardly inform hand." According to the invented anecdote, he decided to engage an expert who you that the Senate is an important organ of the contemporary French had only one hand. When the newly appointed economist also began in the constitutional system. Many of my friends in the French Senate testify to its same way - on the one hand, it is like this, and on the other hand, it is like that. importance and crucial relevance even though France does not have a federal The President Truman was outraged and said tohim, "My dear fellow,Iappointed systemofgovernment. It is possible to take the quip of the old French argument you because you do not have two hands and you are still talking about 'one further. The argument in the Indian context may be stated thus: if the second hand and the other hand!' The economist replied, "Mr. President, I am talking of chamber, or the Rajya Sabha for that matter, cannot undo what the Lok Sabha your two hands." doesand ifit cannot bring down a Government, it is superfluous in the political perspective. I think that is a very limited and obviously atrophied view of Mr. Chairman, I suggest you may consider the possibility of popularising politics and political structures. It is not so much in the actual bringing down the expression Senate for Rajya Sabha and to give it sanction in common ofgovernments or in sustaining the governments that Parliament performs its parlance after considering all the points of view. most crucial and constant role as a vibrant contributor and a livewire interlocutor in the discourse of the nation. It is to that discourse of the nation The institutional debate about why we should have a second chamber is in the larger and more meaningful sense that I think the Rajya Sabha does and not altogether irrelevant although the issue has receded into the back of beyond can hope to make a significant contribution. because RajyaSabha has proved itself as an institution and federal bicameralism has come to stay even as we celebrate our Golden Jubilee. When Mr. Ayyangar, a very distinguished intellectual civil servant and statesmanwas called upon to speak in the Constituent Assembly on this subject, It is important for us, as Dr. Radhakrishnan had said in his speech on the he said with clarity and greater sagacity that there was general consensus that 16th May, 1952,that we have weneeded bicameralism, and the two Houses. He also said that what we would to justify the confidence It is important for us, as Dr. Radhakrishna expect the other House, the Upper House, to do is to give discourse of the which led to an institutional had said in his speech on the 16th May, 1952 nation the benefit of a that we have to justify the confidence whicH investment in hope and ignified debate. I can I am not sure that we can say with our hands on led to an institutional investment in hop expecta tion in crea ting the only say that we have our hearts and with a clear conscience that we and expectation in creating the Rajy n trying to do exactly are giving the discourse of the nation the full Rajya Sabha. Mr. Chairman, Sabha. Mr. Chairman, Rajya Sabha de- tIiat.Perhaps we need to measure of the benefit and the advantage of that Rajya Sabha deserves a serves a national vote of confidence and harder. dignity of national discourse or debate to which national vote of confidence justification. a reference was made when our Constitution and justification. Mr. Chairman, you was being written. I think we ought to reflect on CliVegiven a very that phrase "Dignified debate" as a touch- Mr. Chairman, the role and relevance are always inextricably intertwined stone ... The question is when and whether and enerous certificate for as indeed they are in case of Rajya Sabha. 'It is on the perception and how and with what sincerity and efficacy we ~'Lthese years of our performance of the 'Role' that the balance sheet of the 'Relevance' is necessarily will reflect on this issue and really embark pur- B rliamentary life. drawn. The role has to be understood and has to be revisited in order to posefully on becoming a role model of parlia- understand the utility and the contextuality of Rajya Sabha. Mr. Chairman, I ving been returned to mentary debate with all the cuts and thrusts and ~ Third Lok Sabha stings and arrows of democratic life but with recall your distinguished predecessor and my good friend, Shri Krishan Kant re than four decades greater wit and wisdom, greater calm, poise and whose Foreword to Mr. Tripathi's book would be an ideal concept paper for go and haVing come to equanimity. the discourse on the role and relevance of Rajya Sabha. He quoted one of the RajyaSabha in IndianPolity 23 22 Role and Relevance of

the Rajya Sabha a few years ago, I think we need to compare not only the two some 37 years ago, in a publication of Wemust also reconsider the criteria our Parliament that we need to Houses, but also the two periods of time. No institution is permanently the for the selection of candidates for reconsider new parliamentary same. As a Greek philosopher wisely said, "you cannot bathe in the same Rajya Sabha. The criteria and the flow of the river twice." I am not sure that we can say with our hands on our process has to be made more merit strategies and revise role perceptions hearts and with a clear conscience that we are giving the discourse of the nation oriented. of the two Houses. We must also the full measure of the benefit and the advantage of that dignity of national reconsider the criteria forthe selection discourse or debate to which a reference was made when our Constitution was ofcandidates for Rajya Sabha. The criteria and the process has to be made more being written. I think we ought to reflect on that phrase "Dignified debate" as meritoriented. .a touchstone. Mr. Chairman, Sir, I am conscious as a social scientist that Rajya Sabha cannot be and ought not to be hermetically sealed to keep out the Sir,unless we know our role, unless we perceive our role clearly, we cannot dust and the din of the real world and the rough and tumble of democratic perform it in an optimal manner. To understand or redefine the role of the republican discourse of Bizarat, that is India. The question is when and whether Second Chamber is to begin to put in place the possibility of performing that and how and with what sincerity and efficacy we will reflect on this issue and role in an institutional perspective. I submit, Sir, that one important role really embark purposefully on becoming a role model of parliamentary debate expectation was outlined by Mr. Ayyangar in the Constituent Assembly. Rajya with all the cuts and thrusts and stings and arrows of democratic life but with Sabha's role perception and role expectation was also delineated by our first greater wit and wisdom, greater calm, poise and equanimity. Vice-President and Chairman, Dr. S. Radhakrishnan when the Rajya Sabha began its career. I think, a careful review of the role perception and an Mr. Chairman, Sir, it is important that the Rajya Sabha should strive and assessment of the role performance is overdue. The assessment of the role strive hard to become a kind of a role model for legislative deliberations not by performance has to be made not with reference to how often Rajya Sabha was way of rumpus and pandemonium as the insignia of democratic politics but able to stop the Lok Sabha in its tracks or how often Rajya Sabha asserted the by means of serious, informed, dignified and civilized debate. Can we set an political role and authority given to it by the Con~titution. The assessment example? The quality and substance of debate and the calibre of the inputs are should be broadly qualitative and institutional. We should count not the years crucial. during which Rajya Sabha has functioned but recount what Rajya Sabha has, as an institution, put into those years. What is important is not how much but I believe, Mr. Chairman, that the index of a good working parliamentary how we have fared and performed. democracy is the collective discipline, institutional solidarity and civilizational ethos. The first and foremost I ought to point out that Rajya Sabha is the one and the only institution in principle is respect for the Chair I believe, that the index of a good the entire constitutional system of India which is indissoluble except with its and respect for each other. Sir, working parliamentary democracy is own consent. Rajya Sabha cannot be dissolved except by its own consent and there is a very beautiful expression the collective discipline, institutional that federalism is a basic feature of the Constitution. Ithas to sign its own death in SIJrimad Blzagawad GUa, which I solidarity and civilizational ethos. warrant before it can be forced into oblivion. It exists by means of a constitutional would like to refer to, and those mandate and not because of any sufferance. Lok Sabha Lok Sabha can be dissolved by the Prime two words are words which, I think, we need to remember. Those are Minister going to the President and asking can be dissolved by the "Parasparam BIJawayantalz" - reciprocating, cherishing and accommodating for its dissolution. Rajya Sabha cannot be each other. With a sense of that mutuality and reciprocity alone we can achieve Prime Minister going to the dissolved by the President or the Prime our goals of meaningful and dignified debate. How can we bring about that President and asking for its Minister or the Cabinet or the Lok Sabha on climate of mutuality, reciprocity and accommodation? Why has Rajya Sabha dissolution. Rajya Sabha their own: The hallmark of Rajya Sabha is become so pronouncedly, sharply and decisively partisan? Why must some of cannot be dissolved by the the principle of continuity as a perpetual the members resort to the well of the House or denigrate the Chair or other President or the Prime House, as a continuous institution in our parliamentary framework. members of the House. Maybe some fundamental thinking is necessary. I wrote Minister or the Cabinet or 24 Role and Relevance of . Sabha in Indian Polity 25 RaJYa

the Lok Sabha on their own. The hallmark of Rajya Sabha is the principle of as a Chamber reflecting the federal ethos of Indian polity. It continuity as a perpetual House, as a continuous institution in our parliamentary federal Chamber, . t't I" n which shares power with the House of the People t beseenasanms I UIO I' t framework. Lok Sabha can be dissolved. It may no longer be in existence at any has a I fl nd a federal imprimatur to par lamen ary d' parts a federa avour a , d' d given point of time and yet at that point of time the Rajya Sabha. remains in an 1m. 'R' Sabha has in our system, the authority to ISCUSSan place. I say this because Rajya Sabha was considered a fully democratic, deliberatIOns.. l' a]ya t to clog or un, 'd't 01 unre, asonably , . It has the power to secure, delay legIS ation, no d b r thought Somebody said in Germany quite republican and federal institution, not as an institution as a Council of Princes h t '. called a secon so e. 'b f t and the House of Lords. It was conceived as the Senate in our federal framework. w a IS , . I I th t G ds had decided that they must delI erate Irs 1 am free to admit that to a certain extent there were underpinnings of elitism facetiou:~f ~:~~~~~~::S,al~d t:en in'a state of sobriety. Rajya Sabha does.not when Mr. Ayyangar said, "We expect dignified debate in the Rajya Sabha" but m a. stat I have the mono po1 y 0f so b' ne ty . Nor does it possess a veto. I thmk,d 41 obVIOUS Y t y that the House of the People to which I was eleete that is the ditism of functional quality and not of aristocratic birth or oligarchic . fairness we mus sa , bInder configuration. 1 should also, in truth and fairness point out, on the other hand, m 'd the House to which I have the honour to e ong, now u that Mahatma Gandhi was not enamoured of a Second Chamber or of years alg~,an ship both have striven as best as they could in the stresses an.d your c laIrman. , I' h Id the democratIc bicameralism. In fact, he was critical of the idea for the simple reason that he . he trials and tribulations of our po Ity to up a . felt that a poor country like India could not afford it. He said so at considerable strams ;~da:here to democratic values in their legislative deliberations. I~IS length. But apart from that opposition, we must remember that the way in ethos. portant a t I la t w I len Ra]'yaSabha '" declined to put its seal of approvalh on endmg tl which in the architecture of our Constitution Rajya Sabha was conceived, it 1m P' P rses the debate wasd omma . t e d by populism. T ose were le the nvy u , f d t with derision in the same way as was envisioned as the House of federal bicameralism and not a simple bicameral da s when Second House was re erre 0 f Cons device. Mr. Chairman, it would interest you to know that the two very y h had said "If the other House agrees with the House a omm , Hume w a " f C . it has to be distinguished Rajasthanis who were both Chief Ministers of Rajasthan, also it is superfluous and if it disagrees with the House 0 ommons, participated in the debate in the Constituent Assembly and made a contribution. disregarded." My own mentor from Jodhpur, Shri Jai Narayan Vyas and Pandit Hiralal Shastri from Jaipur pointed out that the Princely States had to be accommodated in the Reforms are taking place, Mr. Chairman, all over the world in the . .. rce tion and the role performance of parlIamentary federal scheme and the federal system of India had to be evolved. functIonmg, m the role pe p .' 1,:1' tl 17'h and 18'h centuries in sy~tems. parliamhentlarYsyst~m~ ~~UI~:~10;~~~:, ~~10Ughthat seems to have As we speak on the role of Second Chambers, we must not think of that Bntam, was not teas wort 11 role merely as a revising Chamber. That role was referred to by our first been the assumption when I would also like to emphasize that diversities Chairman, Dr. S. Radhakrishnan. Revisions have been few and far between we were framing our of languages in a country like India, Constitution. We must historically; although potentially, there is always the possibility of revisions as diversities of cultures, diversities of understand that the a result of second sober thought. The important point is that Rajya Sabha perceptions and diversities of interests call represents the federal ethos of India. The federal ethos of India has unfolded parliamentary system in for an institutional structure reflecting itself over the years after the Constitution was made. There were very strong Britain itself has undergone pluralism which is best embodied in federal centralising tendencies in the Constitution but then came a period when the an enormous change. TI1ere equations. Those diversities can be best States and their rights came to the fore. Linguistic States had to be conceded are also new and strident accommodated in the grand inquest of the nation through Rajya Sabha. and the idea of small States had to be accepted despite political misgivings, stirrings of federal claims in apprehensions and reservations. We have the Report by the distinguished that country There is what d' W I may be calle~ an embryonic equivalent of Parliament in Scotland anId~n .~tes, former Supreme Court Judge, Justice R.5.Sarkaria. Justice Sarkaria gave a Report . t . peet for reglOna IverSI les which described and probed the federal scene in extenso, but did not address but those institutions reflect primanly a cer am.res I'. tl tdiversities I. ti' I 'ould also lIke to emp laSlze la the question of the role of Rajya Sabha. and principles of decentra Iza on. 'A. d' '1" f of languages m. a COlin t ry, I,'ke India diversities of cultures, ,verslfl les . 0 perceptions and diversities of interests call for an institutional structure re ectmg I am of the view that Rajya Sabha has to be seen, first and foremost, as a •••••

26 Roleand Relevanceof RajyaSabha in IndianPolity 27

pluralism which is best embodied in federal equations. Those diversities can ofParliament are also present here, and we must consider whether there are not be best accommodated in the grand inquest of the nation through RajyaSabha. many issues which are going totally unattended, unheeded and neglected by default because the two Houses have little or no time at their disposal. The Rajya Sabha has, of scarcity of parliamentary time is perennial problem around the world. There ({ajyaS.lbha is uui~lUCincomplemcnting and course, become over the are many issues, which we are supplcmcnling the Lok S.lbh.l and on years very much more like unable to discuss in this or that broadening and dcepcning the nation.ll ...bicameralism was not invented in discourse. Thcre is a notable me.lsurc of the Lok Sabha. It has, in West as is often assumed. I have parliamentary forum of the synergy between thc two Houscs .111(1 no many ways, become very shown, in some of my writings, that country. There is, for instance, objcctive obscrver can miss that synergy in much more party political. Vedic Sabha and the Vedic Samiti rep- the Inter State Council. How Indian parliamcntary bicamcmlism. But the Rajya Sabha is resent the principles of bicameralism. does it meet, and how often . unique in complementing The popular principle was ingrained in does it sort out the federal and suppl.ementmg the Lok Sabha and on broadening and deepening the the Sabha of Vedic conception, and, the issues or does it? There was, natIOnal discourse. There is a notable measure of synergy between the two more specialised conception of wise for instance, for a long time, a Houses and no objective observer can miss that synergy in Indian parliamentary and thoughtful deliberation was reflected very vital institution for the bicameralism. in what was called the Vedic Sandti. unity and integrity of our nation, the National Sir, ~ay I point out that when Shri B.N.Rau presented his proposals and Integration Council. Unfortunately, it has become a dead letter. Unlamented the bluepnnt, he had a much larger functional plan for the Indian Senate. That and unsung, it went into the oblivion. Those are the concerns which must be did not mat:rialize. We were differently constituted as we were. If we study addressed in Parliament, and, I submit, it is important for us to make a list of the compoSition of the two Houses, we wiII find that there is not much of a those very vital, important, and fundamental concerns of the nation so that the difference in the Houses. Both Houses in our Republic are very much alike in RajyaSabha can play its role wherever we find neglect and inattention, where one sense or the other. If you we wish to make the discourse of the nation more meaningful. go to the composition of the .. .it is important for us to make a list two Houses, apart from the of those very vital, important, and Of course, Rajya Sabha is not the House of Elders as such, but the electoral modality envisaged in fundamental concerns of the nation so description does speak of us as the House of Elders. In that, there is hope for the constitution of the two that the Rajya Sabha can play its role those of us who are elderly by virtue of age. There are younger compatriots Houses, we are as much in the wherever we find neglect and Rajya Sabha, a House of the inattention, where we wish to make at the threshold and many within the House who often bring a great deal of People, as the Lok Sabha is the the discourse of the nation more energy and vigour, but Mr. Chairman, parliamentary vigour lies more in House of the People for we are meaningful. wisdom. In the realm of learning and wisdom, Rajya Sabha may find its a democratic Republic. But,we forte but then the shackles of party politics must be loosened. The problem is have to understand that within Rajya Sabha also, some are quite like the Lok that learning and wisdom bereft of institutional power can play no role in a Sa.b.ha. Perhaps it cannot be otherwise. We have to apply a soul searching society where experience, wisdom and age are often put at a discount in the cntlque on the role and relevance of Rajya Sabha. Should we continue to be rat race in which restraint and dignity are at a heavy discount and the high :ast in the image of the other House? Should we not consider taking up issues decibel of lung power or the derisive insinuations lacking in restraint are at a m a manner and style which the Lok Sabha is unable to do? That is a premium. It has been said in the ancient sacred literature of India that "There fundamental issue which I think we ought to raise ourselves. is no Sabha where you do not have elders and those who do not have sense of Dharma and do not know what is right are not elders." In that sense, and not . Sir, my.esteemed friend, the distinguished Leader of the Opposition in mainly by the reference point of age, Rajya Sabha should reinvent itself as Rajya Sabha is present here, many distinguished former and present Members the House of Elders. - 1

28 Roleand Relevanceof RajyaSabha in IndianPolity 29

Allow me to add that bicameralism was not invented in West as is often It is true that we should be proud of our duration ofreflectionso that we assumed. I have shown, in some of my writings, that Vedic Sablw and the institutions; it is true that we must may face truth in all its Vedic Sallliti represent reinforce them; but it is also true that we dimensions about our the principles of .. .Iet us remember that we are governed more by must rectify and reform where there are institutions. It is true that we bicameralism. The su bordinate legislation than by legislation omissions or lapses and where there is should be proud of our enacted by Parliament and that subordinate something to be done to strengthen them popular principle was institutions; it is true that we legislation is seldom or rarely visited upon by or to make them function at an optimum ingrained in the Sabha must reinforce them; but it is Parliament. There are complaints of mal- level. also true that we must rectify of Vedic conception, administration. There are problems of public and, the more grievances. There is a woeful lack of feedback and reform where there are omissions or lapses and where there is something specialised conception and neglect in implementation. Those matters to be done to strengthen them or to make them function at an optimum level. of wise and thoughtful must be taken on board by Rajya Sabha. A new Thank you, Sir. delibera tion was strategy, a new and added role for Rajya Sabha, a reflected in what was more vital role in the neglected areas, would pay rich and substantial dividends in terms of called the Vedic Sallliti. maximlsll1g legislative efficiency and We should try to work augmenting the performance capabilities of our out a new strategy, a parliamentary system. new functional strategy for the RajyaSabha, especiallyin terms ofattending to roles and concerns which are not being addressed, which have been neglected over the years, and, for which Lok Sabha has no time. Let us aspire and strive to be the House of Wisdom and federal understanding. Writing about 37 or 38 years ago, I had said this precisely that greater emphasis on the functional principle would make RajyaSabha a more effectiveSecond Chamber, not only functionally in the sense of composition but in the pluralistic perspective of the State and society in India. A greater emphasis on the federal principle would give the Rajya Sabha a more marked identity of its own. Specialfunctional strategy to enable the RajyaSabha to scrutinise and supervise subordinate legislation and a modal to deal with public grievances would add another dimension. In that connection, let us remember that we are governed more by subordinate legislation than by legislation enacted by Parliament and that subordinate legislation is seldom or rarely visited upon by Parliament. There are complaints ofmal-administration. There are problems of public grievances. There is a woeful lack of feedback and neglect in implementation. Those matters must be taken on board by Rajya Sabha. A new strategy, a new and added role for RajyaSabha, a more vital role in the neglected areas, would pay rich and substantial dividends in terms of maximising legislative efficiency and augmenting the performance capabilities of our parliamentary system.

Mr. Chairman, Sir, Iconclude with our gratitude to you and to the Deputy Chairperson for having taken this initiative, for having organised this short

..•------'------

Students with Dr. Manmohan Singh, the then Leader of the Opposition, Rajya Sabha and now the during tea-break

Shri Harish Khare delivering a speech in the Seminar

"... Rajya Sabha, in its ven}first Session, established its reputation as a 'Chamber of Ideas', and, perhaps, it could establish that reputatioll because it collid attract individuals with ideals and idealism. That remains a recipe, in lilY view, of COII- tillued relevallce of Rajya Sablza."

- Shri Harislz K/zare

Students with Dr. (Smt.) Najma Heptulla, the then Deputy Chairperson, Rajya Sabha during the tea-brea k

• Rajya Sabha in Indian Polity 33

the Madras State, there are several places where poor people have to wait for hours and hours to get a pot of water from some lorry that brings water to them. They have to wait for several hours during day as well as night, leaving RAJYA SABHA - A 'CHAMBER OF IDEAS" their other work, with the result they lose the means of their livelihood. That is the position existing in several parts of the country still. What is it that the Thank you, Madam Deputy Chairperson. Since I am not a Member of Government proposes to do in this connectioll?" The situation in Tamil Nadu either of the Houses, I will try to abide by your ruling. Let me begin with an remains even today equally depressing. apology and with a plea for indulgence. Madam, I was only four- The historian in me was impressed, Again, so fundamental an issue as water, was raised in the very First and-a-half years old when the first rather overwhelmed, by the range Session. Madam, as a Member, Mr. P.V. Narayanan, who too was from Madras, of subjects and concerns that were session of Rajya Sabha was held. So, I had this to say: "Then, what about the natural resources, particularly, in Andhra raised by Members in the very first Desa? Take the rivers that flow through that part of the country; the Krishna, was not "Present at its Creation", if I session. And the political scientist may borrow the famous expression. in me was in awe as well as in the Godavari, the Tungabhadra. The water resources were not properly utilized, But I tried to atone for that and, by way dismay as to how many of those and about 90 per cent of water is running waste. If these resources are properly of atonement, what Idid to prepare for issues remained un-addressed harnessed, and if all the potentiill niltural wealth of our country is properlv this seminar was to read the even after so many decades. exploited, J think, our country will become a granary in Asia." Madam, this i~ proceedings of the first session. The remarkuble. Only three days ago, I was participating in a seminar on Water historian in me was impressed, rather overwhelmed, by the range of subjects Management, and the session was devoted to Inter-linking of Rivers, and we and concerns that were raised by Members in the very first session. And the hild this very idea floated in 1952. political scientist in me was in awe as well as in dismay as to how many of those issues remained un-addressed even after so many decades. Let me move on to ilnother dilY - two dilYs lilter - and let us listen to ilnother distinguished Member in the First Session, raising another significant Madam, permit me to share with this august gathering a flavour of the Issue. The Member was Pilndit Hriday Nath Kunzru. The date was the quality of debate and concerns in the First Session that was in 1952. "I am 21,t May, 1952. He too was participating in the debate on the Motion of Thilnks looking forward to the day when water facility will be provided to my on the President's Address. He said: "The next point I should like to deal with countrymen by a Government whose record of service is absolutely so low for is with regard to Election Commission. The Election Commission should not be the last seven years. If that water facility is given to my countrymen, this famine treated as it were a part of the Executive machinery of the Government.lt should will never rear its ugly head. The fundamental need of humanity is water, and be treated in such a way ilSnot to think that it is a political subsidiary of the that is not available to many of us. That is a fundamental problem to which Government. How have the Government acted in filling up the vacancy caused any civilized Government must pay its attention." The Member was one on the post of the Chief Election Commissioner? TIleSecretary of the Law Ministry Mr. H. D. Rajah of the State of Madras, and the day was the 19 May 1952.He was hilS been appointed to officiilte ilS the Chief Election Commis'sioner. Could participating in the debate on the Motion of Thanks on the President's Address. ilnything show more clearly the position which the Election Commission The water problem, as we all know, remains very much with us. Indeed, the occupies in the opinion of the Government? The officiating appointment thilt experts are predicting water wars. has been made shows clearly to my mind that the Government thinks that the Election Commission is a part of, and indeed, subordinate to the Law Ministry. Madam, let us listen to another Member, Janab Mohd. Ismail Saheb, also The Constitution requires that the Election Commission has to consult the from the State of Madras. While participating in the same debate, he said, "In President or the Prime Minister in regard to decisions in certilin matters in prilctice, we allow him to exercise maximum of independence in his decisi(;ns. We know thilt there hilS been dissatisfilction with the Election Commission • Text of the speech delivered by Shri Horish Khare, Associate Editor, The Hi",!" even in connection with the elections. It was, therefore, all the more incumbent 1•• 34 Role and Relevance of Rajya Sabha in Indian Polity 35

on the part of the Government to have fulfilled the vacancy in such a way as to The point that I am trying to make, Madam, is that as I read those debates, remove all causes of public dissatisfaction." from cover to cover, it was the quality of concerns that was brought up for a debate. Topicslikeecology,cleansing ofrivers,population problems, insensitivity Madam, I may not be wrong in asserting that Mr. Kunzru's indictment of the.bureaucracy, railway zones, traditional sources of water, how do we remained valid for almost 40 years and things changed only when a gentleman conserve them, and all that. As Ireflectback, after reading those pages, some 800 named Mr. T.N. Seshan became the Chief Election Commissioner and began pages, it seems to me that Rajya Sabha, in its very first Session, established its flexing his institutional muscles. Madam, I have a long paper but I do not reputation as a "Chamber of Ideas", and, perhaps, it could establish that want to cite the whole lot of things. I only want to read out two very small reputation because it could attract individuals with ideals and idealism. That quotations which I found very, very pertinent. Mr. K. Sunder Narayanan is remains a recipe, in my view, ofcontinued relevance of RajyaSabha. ButIwillbe giving us a flavour of the beginning of corruption and the decline of moral amiss in saying that, of late, the men of ideas are being replaced by men of values- he was participating in the debate on the Motion of Thanks on the loyalties,who own their loyalty to individual leaders, not to ideas and intellectual President's Address and he is indicting the Congressmen. I quote: concerns. We find, increasingly, it is becoming a House of loyalists and those who change loyalties,those who demand loyaltiesand those who render loyalties ll1ey have given these lands to their own relatives also. [n some cases, [ are getting shallower and shoddier. Thank you. can say, the Provincial Congress Committee members had their share. The wastelands which belong to the Government and which are to be given to poor people are given to these Congressmen in the name of political sufferers.

I presume, Madam, that that was the begilming of corruption or, at least, the beginning of the rot. I will finish it by referring to one more observation which was made by Dr. CD. Oeshmukh. I quote it because it was an issue which was raised 50 years ago and which remains unresolved today also. He said, and [ quote:

Finally, may I say something about ourselves, the legislators? We are some 700 here, and there are thousands elsewhere in the States. We are swarmed and surrounded by privileges. Ihave been sitting here for two months in comfort. We misbehave and abuse, and do things of that kind and then claim privileges! We may remind ourselves a little of our duties also.

This was stated, Madam, as I said, 50 years ago. Only a few months back, I think, last month itself,we were reminded, in a very rude and arrogant manner, how the privileges of the legislators were asserted, and an attempt was made to muscle the voice of the media. My own paper, The Hindu, was involved. So, Ido not want to dwell too much on it. It will look like a partisan cause. I do not want to go on, but I hope some other distinguished Members or speakers will touch upon it.

.• -..- ~--II .-I', GENERATING A SPIRIT OF NATIONAL , ' .; TOGETHERNESS'

. Madam Deputy Chairperson and friends, I come with a judicial background and I recollect a little of my own experience. Two senior lawyers, one from Delhi and the other from Bombay, had come to argue a matter before a small High Court where I was the presiding Judge. The stake was very heavy. For the , probably, it was the largest sum of money involved in the litigation. During lunch-time the two senior lawyers were given food on the same table. They talked and laughed at each other. At 2 o'clock, when the Court was to resume, a senior person with some political background came to. me and said, "My client does not want him to argue further because they are talking and not fighting". These two senior lawyers were talking and had reciprocated during lunch break. So, he said, "No, not this lawyer. You must engage somebody else to argue".

When I came to Parliament, I thought that the position would be very different. But I found i~'some aspects the same situation was there. A little Shri Ranganath Misra in the Seminar. On his right is Shri P. Shiv Shanker. Also seen in the later, when I got used to things, I found background are officers of Rajya Sabha Secretariat that there was some sense of tolerance and Members of Parliament are mutual respect. Members of Parliament respectful to the judiciary, "Rajya Sabha ill these 51 years has behaved very well alld it has helped us to are respectful to the judiciary, probably, probably, in a better way than. gellerate a spirit of lIatiollal togetherness. If that is borne ill milld, probably, in a better way than the judiciary is the judiciary is respectful to the Rajya Sabha should be givell its OWII due alld recogllitioll." respectful to the Members of Parliament. the Members of Parliament. That gave me a sense of dissatisfaction. "., ., • J. • - Shri Rallgmzath Misra What occurred to me is who labelled the Rajya Sabha as the Second Chamber? "" Rajya Sabha has its own independent status. It is a permanent:bo.dy:,as y~.u have been told, and its term is six years which is one year more tha'~'that of the other House; and it has a special position in the COI{stitutionon 'a~count of some special provisions made therein. In certain situations, Rajya Sabha can act and take over the problem and answer it. Therefore, it is a Chamber of the Parliament. But who made it the Second C~amber is the question. If you go back to the American Second Chamber, the Senate, it is more powerful, certainly

* Text of the speech delivered by Shri Ranganath Misra, former Chief Justice of India and Member of Parliament (Rajya Sabha) ..-,,----_....

38 Roleand Relevanceof

more than the House of Representatives. It exercises certain vital powers which, if wrongly exercised, may create a stalemate. There have been such occasions of stalemate in the recent past. Therefore, to say that the Rajya Sabha is the Second Chamber is not enough. This is one Chamber of the Parliament which has two Chambers or Houses. Like the special powers exercised by the Rajya Sabha in certain fields, the House of the People, i.e., LokSabha exercises certain powers in money matters. Therefore, the Rajya Sabha is, probably, a better Chamber in that sense and it should be taken as one Chamber and not the Second Chamber. Rajya Sabha in these 51 years has behaved very well and it has helped us to generate a spirit of national togetherness. If that is borne in mind, probably, the Rajya Sabha should be given its own due and recognition.

One more suggestion and I will finish. The question that I pose is, we have reduced the age of voting from 21 to 18 years. Political consensus is supposed to grow and to be generated in the youngsters who are meant to take over in due course. It is their country. It is everybody's We have reduced the age of voting from country. Life is short. These 21 to 18 years. Political consensus is youngsters should really be supposed to grow and to be generated enthused into participating in in the youngsters who are meant to take the political system. They over in due course. It is their country. It should be in a position not only is everybody's country... These youngsters should really be enthused to know as people from outside into participating in the political as to what is being done, but Shri P. Shiv Shanker delivering a speech in the Seminar. Shri Palden Tsering Gyamtso, system... If that is done, we may get M.P. (Rajya Sabha) is also seen on his right they should be given training better class of people to get into politics faciJi ties so tha t they get and probably they would be in a better "Notwithstanding the pitfalls that we have faced from time to time, Rajya groomed to take over at the position to administer the country. appropriate time. Ifthat is done, Sabha has lllldollbtedly played an important role in social engineering and has, so far, acqllitted well as a debating HOllse... As a Chamber, it worked for we may get better class of people to get into politics and probably they would the lInity and integrity of the nation. It stood the test of time and, therefore, be in a better position to administer the country. With these suggestions, I its relevance." thank everyone, particularly the Deputy Chairperson and the hon'ble Chairman, that they have organised such a function. This helps in vitalising the system - Shri P. Shiv Shanker and gives us new thoughts which help the level to go up. Thank you. Rajya Sabha in IndianPolity 41

the idea of the Constitution-makers was that the States should be represented in this House so that their grievances could be put forth, and their representatives STANDING THE TEST OF TIME' place properly the views of what happened in their respective States, apart from the legislative aspects that they had to take care of. By trying to dilute the domiciliary concept that a person could belong to any State, what happens, in Madam Deputy Chairperson, Secretary-General, Rajya Sabha, Secretary- my view, is: Are we not diluting the concept adumbrated in articles 249 and 312 General, Lok Sabha, distinguished guests, ladies and gentlemen. Analysing of the Constitution? Under article 249, RajyaSabha, by two-thirds majority, can the subject, I consider that the subject proper would mean the role played by pass a Billon a subject which is in the State List;this may be relevant for one year Ra~yaSabha, the role being played by Rajya Sabha and the role to be played by Rajya Sabha. It is in this only but it can still be extended. Don't we think we are diluting that effect of background that the relevance So far as the purpose of Rajya Sabha is article 249 as also of article 312 of the Constitution? The All-India Services for of Rajya Sabha has to be concerned, it is to sieve the matters that. the Union and the States can be created only if a resolution is passed in Rajya conSI'd ere d' In t I 1e IndIan .. come before the." House, whether through Sabha. Rajya Sabha has been given a primacy for this purpose. What happens r Lok Sabha or InItiated in the Rajya Sabha. is that ifyou are trying to equate it with Lok Sabha by trying to bring in persons pO.lty. As has already been A proper discussion should take place. It from outside the State, to me, it appears that we are diluting the effect of these saId, Madam, Deputy is not the House of Elders in an articles of the Constitution. I, for one, feel that at the time of the debate on the 95th Chairperson, India under the etymological sense as it is attributed Constitution is a Union of sometimes. It is the matIue discussion that Amendment of the Constitution, these aspects were not even considered. It is States. Rajya Sabha is called is expected of this House, whether the Bills unfortunate that both the Houses should not consider these aspects and then the Council of States. So far as originate in Rajya Sabha or they originate come to the conclusion merely because it suited us. Apart from' that, the basic the purpose of Rajya Sabha is in Lok Sabha. aspect of secrecy of voting has been violated by saying, "You openly vote." Yes; concerned, it is to sieve the matters that come before the House, whether through corruption goes on. But then, is this the way to correct corruption? This is a Lok Sabha or initiated in the Rajya Sabha. A proper discussion should take matter which has to be considered. Therefore, I feel that in diluting the effect of place. It is not the House of Elders in an etymological sense as it is attributed RajyaSabha, an approach has been sought to be taken whereby the relevance of sometimes. It is the mature discussion that is expected of this House, whether Rajya Sabha is minimised. The Constitution-makers have thought. of all the the Billsoriginate in Rajya Sabha or they originate in Lok Sabha. It is true that aspects, and after taking into account all the aspects, they brought in this it cannot make or unmake Governments, as Dr. Radhakrishnan said in May, institution so that there is a mature discussion on diverse subjects. It is true that 1952. I would not like to go into the role that has been played because my the main function of Parliament is to legislate, while the control of the executive previous speakers, particularly Prof. Madhu Dandavate and Dr. Singhvi, have and the ventilation of grievances of the people follow as a sine qua non. To me, it spoken on the role that has been played by Rajya Sabha arid Lok Sabha. My appears that we have not been serious in the recent selections and appointments predecessors have gone in extenso into that issue. I would not like to go into that. to Rajya Sabha and have created a situation where the purpose of Rajya Sabha is I would like to say something on the issue of the role that is being played and sought to be defeated. The mature discussion that should take place by the the role to be played by Rajya Sabha so that its relevance could be considered in people with some background has been totally made a nOll-est, which is not a fair the Indian polity. . approach in my view.

I would not like to take much time. But I would certainly refer to one In fact, the importance of Rajya' Sabha could be visualised in the aspect. By virtue of the 95th Amendment of the Constitution that has been background of constitutional amendments. When it comes to the question of brought in, the Rajya Sabha's relevance in my view has been diluted. Firstly, constitutional amendments, both Houses have to pass amendments by two- thirds majority. There is no possibility of a joint sitting of the two Houses in , Text of the speech delivered by Shri P. Shiv Shanker, former Union Minister and the concept of the constitutional amendments. That is where the checks and Member of Parliament balances were sought to be maintained by the Constitution-makers when they -

42 Role and Relevance of

thought of the In fact, the importance of Rajya Sabha could be working of Rajya visual ised in the background of constitutional Sabha itself. In spite of amendments. When it comes to the question of the pitfalls that had constitutional amendments, both Houses have to been taking place in pass amendments by two-thirds majority. There the working of Rajya is no possibility of a joint sitting of the two Houses Sabha and in spite of in the concept of the constitutional amendments. the possibility of the That is where the checks and balances were sought to be maintained by the Constitution- pitfalls that were makers when they thought of the working of likely to take place Rajya Sabha itself. because of the manner of selections that the various political parties have been making, one has to realise that in a pluralistic society like ours where there are divisions of religions - we are people with 196religions - while in the majority community, there are thousands of castes and sub-castes and people have become highly conscious of the communities and castes. You have different regions, languages, ways of dressing, ways of eating and above all, tremendous illiteracy and the poverty that we have. It was thought absolutely necessary that an institution like Rajya Sabha should be set up for the purpose of proper discussions of the diversified sections of the society, It was thought absolutely necessary that their hopes and aspirations, the an institution like Rajya Sabha should socio-politico, economic justice be set up for the purpose of proper dis- that we have promised to the Shri Kuldip Nayyar speaking in the Seminar cussions of the diversified sections of people of India; equality before the society, their hopes and aspirations, law and equality of opportunity the socio-politico, economic justice that "The worst thing which is happening today is that the Parliament Sessions do and so on. All these matters had we have promised to the people of In- not appear in the Press at all. Maybe, two paragraphs somewhere, may be the to be discussed with considerable dia. news about some disturbances somewhere; but otherwise, Parliament is seriousness so that in the larger claiming less and less space in the print media." interests of the society, benefits follow. But my own view is that, notwithstanding the pitfalls that we have - Shri Kuldip Nayar faced from time to time, RajyaSabha has undoubtedly played an important role in social engineering and has, so far, acquitted well as a debating House, notwithstanding the selections"andappointments of which Ihave already made a reference. As a Chamber, it worked for the unity and integrity of the nation. It stood the test of time and, therefore, its relevance. Thank you. --

Rajya Sabha in Indian Polity 45

think, is a very important thing. At least, I am studying it, and I am going to challenge it in the Supreme Court. For that, Ishall also take the help ofSinghviji, STRENGTHENING RAJYA SABHA Shiv Shankerji and Shri Dandavateji before I do that. AS A FEDERAL CHAMBER OF PARLIAMENT' Another point which really makes our role very important, i.e., as Rajya Sabha Member, is this, "This Second Chamber is only an instrument by which Hon'ble Chairperson, friends and students, I shall take the argument of Mr. Shiv Shanker further. In fact, I had that thing very much on my mind. I we delay action which might be hastily conceived, and we also give an opportunity, perhaps, to seasoned wonder, if what Parliament has done, does not violate the basic structure of people who may not be in the the Constitution. If you go back to the two Houses, the Council of States and ... the best thing would be that these thickest of the political fray" Parliamentary Standing Committees the House of the People, will this really be a Council of States after this ... This is what Gopalaswami should also be made open to the Press amendment? This is a point which, at least, I am going to challenge in the because after all, every word of it is Supreme Court. Let us see what comes after that. Ayyangar said. At that time, the Parliamentary Standing written or recorded, and then it is placed on the Table of the House ... If Committees were not there. Now, Now, making the study like this, I selected membership of the Rajya the Committees are made open to the there are Parliamentary Standing Sabha for half-a-century, i.e., from 1952to 2002. It reveals interesting trends Press, then the working of and that is the point I am trying to Committees like the Committee on Committees would become much External Affairs, the Committee on prove. The study shows that five The study shows that five per cent of more interesting; people would start per cent of the elected Rajya Sabha the elected Rajya Sabha Members do Finance, etc. I think, these taking interest in it. Members do not belong to the States not belong to the States that they have Committees go through the Bills that they have been elected from. been elected from ... Since 1990s, it very carefully. I have seen that the draft Billswhich are sent to them, ultim~tely Now, of course, this percentage was nearly one out of every ten elected emerge in a different shape altogether. So, we do incorporate a lot of thmg~. goes up in 1989.Since 1990s,it was Members who do not belong to the This aspect of Rajya Sabha, in fact, is not existing in the House now. If at all It States they have been elected from. nearly one out of every ten elected is existing, it is very little. Maybe, the best thing would be that these Members who do not belong to the Parliamentary Standing Committees should also be made open to the Press States they have been elected from. Sofar it is 10percent. Now, the Government, because after all, every word of it is written or recorded, and then it is placed. as they are, or, at least, the political parties, are doing it as they want it. I on the Table of the House. It is a question of just a few months. Why should we not open the Standing Committees to the Press? If the Committees are made There are Parliamentary Standing remember, some ofus did try toraise open to the Press, then the working of Committees would becom~ much ~o~e Committees like the Committee on the point which was raised by Shri External Affairs, the Committee on Shiv Shankerji. Since both the main interesting; people would start taking interest in it. The worst thing WhIChIS Finance, etc. I think, these political parties had decided happening today is that the Parliament Sessions do not appear in the Press at Committees go through the Bills very somewhere, for reasons best known all. Maybe, two paragraphs somewhere, may be the news about some carefully. r have seen that the draft to them, for some political jobbery disturbances somewhere; but otherwise, Parliament is claiming less and less Bills which are sent to them, and whatever else may be, they did space in the print media. Once we tried to find out as to why it is.happe~ing. I ultimately emerge in a different remember, we got some Editors together, and when we asked thISquestion to shape altogether. not listen and it was just passed. But, this question of domicile, I them, they said, "The issues raised in Parliament are so dull that they don't attract attention. The speeches that are made are not of that quality." That was not true. What happens is this. The quality speeches are not made because • Text of the speech delivered by Shri Kulip Nayar, Veteran journalist and former Member of Parliament (Rajya Sabha) those Members do not get enough time to make their speeches. This is another strange kind of a thing. The time for discussion on a Billis divided among the 46 Role and Relevance of Rajya Sabha in IndianPolity 47

main political parties. For eight hours, nine hours, they go on saying the same able to do it because in the JMM case, there was a five judge bench. So,there will thing. When the turn of the Members belonging to other parties come, they are have to be a seven judge bench to overrule that. That was my impression. But told that they have got two minutes. If there are fifteen names in that category this is a good opportunity. I think, I, as a pressman, can say that the privileges and the time allotted is half-an-hour, then what would you do? I think, the must be codified. Just like there should be a code of ethics for journalists, I Chairman and the Deputy Chairman should select people from other fields would also say, definitely, that privileges should be codified in both the and let them contribute if they can contribute in some big way. After all, there legislatures as well as Parliament. I also know that it would not happen. But, I are so many Members who come from various arena of life and they could contribute something much better. think, it is worth trying.

In the Constituent Assembly, it was only during the debate on the Many shocks came to me in Rajya Sabha, but I must quote at least one. I composition and powers of Rajya Sabha, that a few Members made specific always thought, and probably it is true, as Singhviji said that Rajya Sabha is reference to the fact that the House would represent the States of the Indian a permanent House of Parliament. That means, Parliament is sitting Union. That means, even at that time, what was emphasised was in line with permanently. What happened before the Kargil War, the Lok Sabha had been the pleading of K.T.Shah. He pleaded for incorporating the principle ofequality dissolved. I approached the Deputy Chairperson and said, "Look here, Rajya among the States, while distributing the Rajya Sabha seats. I think, it is very Sabha is there, please convene it because it means so much to this nation." necessary to strengthen our federal structure. It is very necessary for the She didn't reply. I wrote to the Prime Minister. The Prime Minister refer~ed to homogeneity and unity of the country. I think, we should consider this. I don't some committee and they came to me later with a reply saying, "Look, Rajya want to run down the Hindi-speaking States. But is it fair that only the Members Sabha is never convened once the Lok Sabha is dissolved." But this is not true. from Bihar, U.P., Rajasthan Once I remember that the Government wanted to extend the President's rule When we won the Independence, we said, and Madhya Pradesh should in Tamil Nadu. They had to do it somewhere and they convened Rajya Sabha this country is going to be pluralistic. Those dominate Rajya Sabha? At and got an approval. That means, whenever the Government wants, something were the ethos of our Independence Move- that time, Loknath Mishra would be done and it is always there. The way they treated Rajya Sabha, I ment. Today, ladies and gentlemen, and our was among the more thought, it was very unfair. Anyway, I wrote to the Prime Minister and now I students whom I am appealing to, let us get assertive and took the stand got a reply to that. back those kind of values, let us get back those ethos and for that if you have to stand tha t since the Council of States is going to represent Another thing, which I think RajyaSabha did very well, is a thing I would up and fight, let us do that. tell you. It has not been really noticed well. There is a lot of disturbance that the States, it is but fair to the happens in the House and there is no business transacted. I took up this case State units that these units should be dealt with as units and every unit is and said, "No work, no pay." I must give credit to Mr. R.c. Tripathi who was equally represented. I think this is the time that we should think of that. I the then Secretary-General. He went round and he and the Secretariat gave a would also like to read the opinion of Dr. Ambedkar. Nobody has quoted ruling saying, "If there is no business, as the Secretariat would tell, you can Ambedkar. I thought it fit to quote him'. He opined that the Upper House voluntarily not withdraw that pay. It is up to a particular Member not to represents the States. Now, when I was nominated to Rajya Sabha I thought withdraw ifhe doesn't want to." Thrice I didn't withdraw and the pay was cut. that it provided an opportunity for the State point of view to be ventilated at the But it is surprising to note why it is not done in other cases. When there is no Central level. But I am sorry to say that my experience of six years, if worth business done, why it is not being adhered to? Even today, I think, there would anything - I am not writing a book, but anyway, whatever it is- is that it is the be some ways of stopping such kind of things. sameness. What you find in the Lok Sabha comes in the Rajya Sabha. In fact, so many times people tell me, Nayyar Saheb, today this House will be disturbed. I Shri Khare said about the privileges. I was one of the persons who was said, why, how do you know? They said, we have decided to disturb that House, associated with this work. We had demonstration also. Now, five judge so this House must also be disturbed. What is the difference then if that is the committee is going to be appointed. My feeling is, the fivejudges would not be case? As I mentioned just now, Dr. Ambedkar said that as the 'Upper House

- . -:"'-==t J 48 Role and Relevance of

represents the States', its resolution would be tantamount to the authority given by the States. Save for these few specific references, the Constituent Assembly appeared to view the Rajya Sabha as a mere Second Chamber, with a peripheral role to the large federal design. Can Rajya Sabha be converted into something like that? And somehow a House which will really reflect the federal structure of this country, that means giving more powers to the States. As I see India of tomorrow I fear very much some dangers to the unity of my country. I am fearing because I do not find that kind of a commitment to the federal viewpoint. I do not find that kind of a commitment to the basic values of this country. The country was won, and I can say that I was a witness to that era; the Independence was won for certain values and for certain purposes. There was a political party at that time wanting to divide the country. It divided the country and vitiated the atmosphere. It was the Muslim League. But when we won the Independence, we said, this country is going to be pluralistic. Those were the ethos of our Independence Movement. Today, ladies and gentlemen, and our students whom I am appealing to, let us get back those kind of values, let us get back those ethos and for that if you have to stand up and fight, let us do that. Thank you very much.

Shrimati V. S. Rama Devi delivering a speech in the Seminar

"... when it comes to important measures ami when they (Members of Rajya 5abha) feel that it would affect the oppressed classes or depressed classes, they would rise to the occasion ... 50, I must say that the elders have not only heads, but they have hearts also. 50, with head and 1Iea:t when they rule, the nation naturally would flourish and it would advance.

- 5hrimati V. 5. Rama Devi Rajya Sabha in Indian Polity 51

TI1eprovision is there in the Constitution itself. RajyaSabha, being a continuin.g body, when there is dissolution of Lok Sabha and dunng that tIme th~re IS ENRICHING THE NATION BY USEFUL President's rule in a State, how could the President's rule in that State contmue? DELIBERA TIONS' Unless RajyaSabha convenes, meets and then passes the resolution, President's rule cannot continue. As Nayyar Saheb said, it had been done so in the case of Madam Deputy Chairperson, Secretary-General, Rajya Sabha, Secretary- Tamil Nadu and . Not only that, article 352, which deals with General, Lok Sabha, Shri Sanjeev Reddy, Director, IIPA, learned speakers, Emergency, financial or any other emergency, provides that when Lok Sabha Members of Parliament, and ex. Members of Parliament - present can be taken is dissolved, Rajya Sabha is the only body which has to come to the rescue. away but ex cannot be taken away and the young brains who have assembled This is the constitutional provision. here. However, Rajya Sabha was allowed to come into existence, but with some Madam, if you permit me, I would like to compare the evolution of Rajya sort of a rider. You delay the matters; you delay the legislation which is Sabha with the saga of women. I am not saying this because I am a woman. supposedly done hastily by the lower House. But delay only that much, ~on:t The issue whether there should be Rajya Sabha or not or whether it is essential go beyond that. Who is going to regulate this? It i~ Rajya Sabha wh.l.chIS at all was discussed in the Constituent Assembly and even prior to that supposed to deliberate on many issues, not only on BIlls.As Mr: KharejI and thoroughly. Ultimately, the members agreed, "Okay. It will allow it to come others have been mentioning. There are national issues - the Issues WhICh into existence". Thus, it escaped being aborted as female foetus has to escape would affect the entire nation have to be discussed. They have to discuss the being aborted. Calling Attentions and resolutions and so on. It is a delibe.rative bod? It will deliberate, discuss at length and then it will come to certam conclUSIOns.Let After two years, attempts at infanticide started. Three Constitutional the entire nation listen to them and come to certain conclusions. Let the Amendment Bills were sought to be introduced in Lok Sabha for abolishing Government also wake up to the wisdom of Rajya Sabha. So, this is what RajyaSabha. TI1eydid not want it to live and grow. On and off resolutions Rajya Sabha is supposed to be doing. This is the role of Rajya Sabha. So, it i~ were being moved for its abolition. But nothing untoward happened. Being a most relevant. I don't know why the topic 'Role and Relevance of RajyaSabha robust body, it survived. In 1977, Kesavananda Bharati's case came to the is still being treated as debatable rescue of the existence of Rajya Sabha. And then, the Committee on Private one. I think Singh vi Saheb was ... Rajya Sabha has proved its worth. It Members' Billsand Resolutions in Lok Sabha ruled that it cannot be done away mentioning about Mahatma Gandhi, that he was not very much has passed many legislations on many with because it is the basic feature of the Constitution. Thus, whatever it may important issues like women's prob- in favour of having a Second be, now, the Rajya Sabha stays. Shri Ranganath Misra and Shri Shiv Shanker lems, marriage, divorce, succession, were in judiciary. They should be thanked for that as the judiciary came to the Chamber. But, actually, in 1917, equal remuneration for equal work, rescue of Rajya Sabha. The previous speakers have covered all the points. while demanding freedom for abolition of bonded labour and so on. They are all very learned persons. So, I don't like to repeat all those points. India, he said, "What then would There is not much time even. But, I have something to say on article 356. our Parliament do if we have one. ShriShiv Shankerji mentioned about articles 249, 312 and other matters. Madam, When we have it, we will have a right to commit blunders and to correct them. article 356is there in the Constitution. How can anyone say, when Lok Sabha In the early stages, we are bound to make blunders. He who has no right to err is dissolved, Rajya Sabha cannot be convened? It has to be convened. can never go forward ... The history of the Commons is the history of blunder~. The freedom to err and the power to correct errors is one definition of Swaraj. That is independence." So, who would correct? Suppose if the Lok Sabha , Text of the speech delivered by Shrimati V.s. Rama Devi, former Governor of Himachal Pradesh and Karnataka and former Secretary-Genera!, Rajya Sabha does some error - to err is human - in the moment of passion, passed some legislation. Then, who is going to correct? That correction would be made by 52 Role and Relevance of Rajya Sabha in Indian Polity 53

the other House, because Lok Sabha cannot correct that immediately, once it is continuously for 7-10 days with regard to some allegations against the then passed. Again, an amendment Bill would have to come. It would take a lot of Minister of Communications. The Protection for Disabled Persons Act had time. In the meantime, Rajya Sabha can correct it. This is what Mahatma Gandhi been. passed in Lok Sabha some time back. It was pending in Rajya Sabha. felt at that time; may be, later onhe might have changed his mind after seeing the Rajya Sabha had to come to a close on that day. All the physically challenged poverty, to cut down on expenses by having one House. But, in any case, Rajya children came and sat in the Public Gallery. They were very worried whether Sabha has proved its worth. It has ... the continuity of Rajya Sabha is a the Bill would be passed or not. They came to me and said, "Didi, please help passed many legislations on many great boon to the Indian polity. That us. Please see that it is passed." I said, "It is not in my hands. I will bring your important issues like women's is how I feel. You may say that request to the Chairman's notice." The Chairman said, "I too can't do anything. because you worked in Rajya Sabha, problems; marriage, divorce, You talk to the Leader of the Opposition." The Leader of the Opposition was you are partial. No, even if I had succession, equal remuneration for Shri Sikander Bakht. I said, "Sir, they will all pray for you. They are all sitting worked in Lok Sabha, I would have equal work, abolition of bonded there in the Public Gallery. Kindly, see to it that it is taken up." He said, "Yes, I said the same thing, because it is out labour and so on. Technically, will certainly try to see that the Billis passed, but on one condition. The Minister of conviction that I am saying so. where there are financial measures, should not make a statement. The Minister should not give a speech or anything, the Billsare to be introduced in Lok then, we will help in passing it within two minutes." I said, "Sir, whatever it Sabha. Where there are no financial measures, the Bills are being introduced in might be, please help those unfortunate persons." Then, we realised that the Rajya Sabha. And, they are safe also in Rajya Sabha. If you introduce them in concerned Minister, Shri Sitaram Kesriji was not there. He was near the Rajya Sabha, they remain. But if you introduce them in Lok Sabha, they fall with washroom. We sent a Sentry and he came and said, "No; no, they are not going the dissolution of Lok Sabha. Every time they will have to be re-introduced. to allow me to do anything. Anyhow, I will read the statement. Then the When I was in the Law Ministry, Shiv Shankerji would vouchsafe, I used to tell Chairman suggested that the statement be treated as read and the Bill may be the Minister concerned, "Sir, there are no financial measures involved in it. Why moved for consideration. It was passed. The persons sitting in the Gallery don't you introduce itin Rajya Sabha? It would remain there." So, the continuity could not make out what had happened. They thought that the Bill had not of Rajya Sabha is a great boon to the Indian polity. That is ho~ I feel. You may been passed and they were in tears. All of them came down and lamented, say that because you worked in Rajya Sabha, you are partial. No, even if I had "Didi, Didi, our Bill is not passed, what will be our fate? It might never come worked in Lok Sabha, I would have said th~ 1;iamething, because it is out of before the Parliament." I reassured them and gave the happy news to them by conviction that I am saying so. I have been watching Parliament working right saying that the Bill had been passed. Why I am narrating this is to show that from 1964, sitting in the Official Gallery. In those days, as a matter of fact, when the elders rose to the occasion when they saw that the Bill was meant for the Bills were before Parliament, they were discussed thoroughly. There used to be disabled persons. So, I must say that the elders have not only heads, but they the first reading, the second reading and, then, the third reading. They used to have hearts also. So, with head and heart when they rule, the nation naturally consider a Billstep by step. But, now, of course, they are being passed in a jiffy. would flourish and it would advance.

I want to share with you one incident in a lighter vein. In Rajya Sabha, I don't want to go on and on. At the end, I want to show my scholastic being elders, they have a method even in their approach to protest. After protesting knowledge, or, at least, pretend to have one. I have brought certain quotations, for a week, one day the Leader of the Opposition told me that they were going to but I will not read all of them for want of time. I would like to read only one. obstruct for fifteen minutes in the morning. "He said, The Chairman may not "The true function of the Second Chamber is to interpose delay, and no more adjourn the House for fifteen minutes. Thereafter, he may do whatever he in the passing of the Bill into law, as may be needed, to enable the opinion of pleases." So, there is a method in their protest. But when it comes to important the nation to be adequately experienced upon it" - Bryce Conference. Watching measures and when they (Members of Rajya Sabha) feel that it would affect the the Rajya Sabha proceedings in various capacities for over three decades, I can oppressed classes or depressed classes, they would rise to the occasion. I very vouchsafe for it that Rajya Sabha has delivered the goods eminently to suit the well remember that the Opposition had not allowed the House to function observation of the Bryce Conference. Even if we concede that Rajya Sabha is .Jl. - •.

54 Role and Relevance of

only a delaying Chamber, its usefulness is enormous. As a matter of fact, our Second Chamber is not a secondary chamber. It has many achievements to its credit. It enriches Bills by its well thought out amendments. As a mailer of fact, our Second Chamber Even in financial matters, it is not a secondary chamber. It has many makes useful suggestions for achievements to its credit. It enriches consideration of Lok Sabha. Bills by its well thought out amendments. The nation and the people are Even in financial mailers, it makes useful enriched by its deliberations. suggestions for consideration of Lok On certain occasions it proved Sabha. The nation and the people are its efficacywhen it voted down enriched by its deliberations. two important Constitution Amendment Billsin the first instance. I don't want to take much of your time. Thank you very much for giving me the opportunity to speak before this august gathering.

o hiS . ht Shrimati V S Rama Devi and on his Shri Era Sezhiyan speaking in the Semina)r~ n. h n~ava are seen.. Some students are also left. Shri R.c. Tripathi and Prof. (Sm!. oorJa an seen in the background

"We all have got eyes, but venj few have got vision. T11erefore,the ~embers of Parliament should have a vision so that the role and relevance ofRaJya.Sa:~:a, especially the role and relevance of Parliament itself can befully realIse .

- Shri Era Sezhiyan Rajya Sabha in Indian Polity 57

James Madison, who was the father of the ' Constitution, said:

The House of Representatives will derive its power from the people REPRESENTING THE FEDERAL CHARACTER of America. So, that is national. The Senate on the other hand will OF THE INDIAN CONSTITUTION' derive its power from the States as political and co-equal societies, then, it is federal and not national.

Hon'ble Dep~ty .Chairperson of Rajya Sabha, and friends, I deem it a I think their Constitution combines both the national and the federal great honour to be invited to participate in this Se' J t f . character. In the Indian Constitution, I should say, Rajya Sabha represents the MR' mlnar. us now my nend rs. ama DeVIhas disclosed how she was able to approach the Chair durin' States. Previously, even in the I3ritish regime we had the Council of State. This is the Council of States, not one State, but all the States, that is why I support ~er t~n;:;e a~d make the House able to help the disabled. But, often times w~ what he said that equal representation should have been given, as it has been ;~~ at t e Hou.se .itself had become disabled to help even those abl~ in done in the case of the US. Senate. And, when I came to the Rajya 5abha, as I b y;;rays. And, Sir, It was mentioned in the introductory speech that I have said, there was more cooperation from the official side and even on many I seheonldembe~of ILl°fk.Sabha for three terms and of Rajya Sabha for one term. occasions they consulted us. And, as I said, impartiality still continues. The u say, In a alrness that I rirh::::~::':~=-::--':'"-'_~-: __ ~ __ other day, I read in the Press when the hon'ble Deputy Chairperson was in the enjoyed more my term in Rajya I have been Member of Lok Sabha for Chair, a Member of the Congress, a very able Member of the Congress, a senior Sabha because more time was three terms and of Rajya Sabha for one Member, raised one question. She said that she did not allow that to be said, but available there. And the tetn.t. I should say, in all fairness that that Member insisted. Apart from the party affiliations and party partialities, Chairman, and others were more I enjoyed more my term in Rajya Sabha she said, "I am adjourning the House. I am not accepting what you say." I generous in giving time to me. I ~~c:use more .time was available there. appreciate that. Even though the House was not so chivalrous, - it pays its want to pay a tribute to the the Cham.nan: ?nd ?thers were tribute to you - the age of chivalry is not gone. So, in that way, it was done. One unfortunate thing in the Indian Constitution is that when they insist on the hon'ble Dep t Ch' ••_m_o_r_e..;;g~e_n_e_r..:o..:u;,:s..:l;,:n;..:g~l:.:v~l.::n~g~t;.:;lm:.::.:e:..:t~o:..m~e~'-l u y alrperson of bicameral system at the nationalleve!, the same thing should be provided for Rajya Sabha I had been . tl 0 . . - the States. Out of the 28 States, only five States are having the bicameral short-term Sh . .. m 1~, ppOSltIon consistently excepting for the f legislatures. I think, we should have made it constitutional; that it is a permanent . 0 n s Government. And, at that time even in feature, it should have been done. If the bicameral system is good for the Centre, ;~~ot:~ngspace, you put me in the Left, that is the Opposition side, bu~all of us it should be made good for the States also. And I appreciate what you said about I th~ k eI3~bnhegene~ousview. And even there, when I was in Lok Sabha in 1973 articles 249 and 312, that it becomes meaningless once you say that it can be m, I utI Misra moved a Private M b ,. ' Sabl h Id b b . em er s ResolutIOn saying that Rajya overriden. I don't accept the other things, like hurried legislation or so. , 1a ~ ou e a ohshed by the Constitutional amendment. It was a Nowadays, it is not so. As you rightly said that there are three readings for every resolution only. Then the motive he attributed f h' I' R' S bl or IS reso utIOn was that Bill. It goes to the Committee. It can go even for public opinion. So many things ajya a 1a was expensive, it was delaying it was . b can be said, not in that way, but, this Chamber is meant specially to look at the f' d'. ' unrepresentative ecause o In Irect electIOn. But, to the fairness of Lok 5 bh M b federal character of the Indian Constitution. I feel that way. I appreciate what M b I a a em ers, out of the ten e:n ers, on y one supported that resolution and all others irres ective of the Chairman in his opening speech said that we should have a vision. I think it is correctly said that the role that has been taken is the role that should be th~r ~arty and region, said that Rajya Sabha should remain. Ifully ~preciate taken. The Government is there not to see the various things that had been done, an a so sup~ort what Mr. Shiv Shanker said. He said that the ver basic but it should do what it ought to do. But, in many cases, it has not been done. We concept of RaJya S~bha is the Council of States. It represents the iederal all have got eyes, but very few have got vision. Therefore, the Members of character of the Indian Constitution I think tl . . h U . . 1esame questIOn was also raised Parliament should have a vision so that the role and relevance of Rajya Sabha, In.t:, mted States when they were writing their Constitution Then the especially the role and relevance of Parliament itself can be fully realised. The said, We are not taking the pattern of the House of Commons and tl H y way in which we are going, a stage may come when people may lose all faith in of Lords Th H fL' 1e ouse this institution, in the democracy itself. They may throw everything out. Therefore, taking it 'that :ay~~se 0 ords IS only by hereditary; therefore, we are not to save democracy in India, it is very necessary to do it. Of course, democracy is not the end. It is only the means to the freedom of the individuals, and the 'Text of the speech delivered by 5hri Era 5ezhiyan f M l freedom of the individuals constitutes the freedom of the States also. The ' , ormer em JeTof Parliament individuals should be protected by the Constitution. Thank you. RETAINING THE VISION OF THE FOUNDING FATHERS OF THE CONSTITUTION'

Hon'ble Deputy Chairperson, Secretary-General, Rajya Sabha, Secretary- General, Lok Sabha, Dr. Reddy, Director, IIPA, eminent speakers and young students.

Almost all major points relating to Rajya Sabha have been covered by now. That is an advantage or disadvantage of coming at the end. And, no internal secrets of the House can be divulged because my predecessor has already been singled out by hon'ble Deputy Chairperson for leaking such secrets out. But it is true that a major part of the Parliament work happens behind the scenes also. Whatever happens in the House is one aspect, but there is other aspect of the Parliament which takes place behind the scenes which is in the Committees, which is in the formulation of resolutions, debates, framing of questions, etc. All these aspects are reflected and sent to the Secretariat which may come up for discussion in the House or may not but they help in deliberation and identification of issues.

Rajya Sabha and its federal character has been identified; legislative, constitutional, deliberative aspects have been pointed out. I would like to emphasize that the vision, the discipline, the dignity, This House deliberates on long-term policies. the decorum, with which When in March 2000, some 60 Presidents of the second House met in France, they said the first Chairman of this that senators are the roots of the future. The House identified Rajya members of the second House deliberate for Sabha, perhaps, need to be the future, plan for the future, while the other reconsidered more at this Tripathi, former Secretary-General, Rajya Sabha speaking in the Seminar. Some House is basically related with the day-to- students are also seen in the background stage now and more so day functioning of governance. when electronic media is uW11~teverhap,!ens in the House is one aspect, but there is other aspect of the there. Dr. S. Radhakrishnan, some time in 1958-59, recalled on a Monday, saying, Parliament which takes place behind the scenes which is in the Committees that the preceding Friday, the House had been adjourned for want of quorum; which is in the formulation of resolutions, debates, framing of questions, etc: you are hon'ble Members of Rajya Sabha and should maintain the dignity and All these aspects are reflected and sent to the Secretariat which may come up for discussion in the House or may not but they help in deliberation and iden- uphold the distinction and prestige of this House. tification of issues."

• Text of the speech delivered by Shri R.C. Tripathi, former Secretary-General, Rajya Sabha - Shri R. C. Tripathi .•••• ,•• "-_IIlA_ ••• J

60 Role and Relevance of Rajya Sabha in Indian Polity • 61

Sometimes, public opinions can be dominating the air and members may We should not follow, perhaps, an easy path .. ~ ~ ~. ~ be carried away by such public opinion. Some issues can override, perhaps, qRql('1~\1I" which means the treatises (WBr) have been written arduously and the long-time vision. But that was not the purpose when Rajya Sabha was these should be maintained created. As was mentioned in the morning by Dr. Singhvi, it is the House of .~ ~ Wf:ill{, ~ ~I" which with effort and care. The Elders, Of tIT wn

IMPORTANCE OF SECOND CHAMBER IN A FEDERAL AND DEMOCRATIC POLITY'

Hon'ble Deputy Chairperson of Rajya Sabha, Secretaries-General of Rajya Sabha and Lok Sabha, Director, Indian Institute of Public Administration, Dr. P.L. Sanjeev Reddy, distinguished speakers and students who are present here and who are dear to me! I am an academic and for an academic nothing gives greater pleasure than to see the faces of students whom I never expected here. I am thankful to the organizers to have given me an opportunity to be here.

As the Secretary-General has pointed out, there are two purposes behind this Seminar, namely creation of awareness and self-education. We, academics, are interested in both and the members of the Government like parliamentarians are interested in translating this concept into action. So,this Seminar isa meeting ground for both theory and practice. Madam, in the characteristic of an academic, I shall start with a theoretical framework. So far, nine out of ten speakers dealt with their rich and valuable experiences of membership of Parliament, in general and of Rajya Sabha, in particular. But we, teacher.s, always start first with theoretical framework, ideas, concepts and notions. So, I do the same. Here, I would like to place this important theme of today's Seminar in the broad context of Federalism, Democracy and Development. There is a connecting thread between these three key concepts of governance and development through the subtle thread of what is called bicameral legislature, or, simply the theory of bicameralism. Now, let me quickly give you an account of the essence or the rationale, the philosophy of bicameralism if you want to call it that way. Bicameralism, as it was pointed out earlier, Prof. (Smt.) Noorjahan Bava speaking in the Seminar. Also seen in the background are the means a law-making body, a legislature having two Houses or Chambers. Of students attending the Seminar these, one Chamber has to be the House of the People like our Lok Sabha, and the other Chamber has to be a Second Chamber or the Chamber which 'There. may be aberrations here and there, nevertheless the virtnes behind the represents varied interests, diverse interests of States or of people or of culture es~abllsh~nent of Rajya Sabha have been achieved, are being achieved, and will contlllue to be achieved in future." or of diversity of the country.

- Prof (Smt.) Noorjahan Bava • Text of the speech delivered by Prof. (Smt.) Noorjahan Bava (Retd.), Department of Political Science, University of Delhi. ...__ .•. .-. ..•- .. '- -... -

64 Rajya Sabha in Indian Polity 65 Role and Relevance of

the one hand, federal unity, integration and power, and on the other, what is Bicameralism is an essential principle of federalism. We cannot have a called the identity, powers and rights of the States. Hence, if the States have to federalpolity without a bicameral legislature. Why? Becausefederal Government remain and their rights protected within a federal polity, which Chamber will means double Government, to start with. It is decentralised governance with at look into their interests? It is the Second Chamber. That is why we took the least a minimum of two tiers of Government - one at the federal level and the idea the notion of Senate from the American Constitution and the notion of other at the levelof the constituent Stateswhich come together toform a federation. Uni~n came not from the American Constitution but from elsewhere. A federation means a strong Union of States or provinces or Bicameralism is an essential principle Next, it isvery important fora democratic p~lity tohave a SecondChamber. units. So, the powers of the of federalism. We cannot have a federal RajyaSabha plays a key role in Indian democratic polity. The reason behind the Government have to be polity without a bicameral legislature. requirement that a distributed and divided between Why? Because federal Government means double Government, to start Member of the Second The reason behind the requirement that a the two tiers of Government and with. It is decentralised governance Chamber shall have a member of the Second Chamber shall have a this is done by the Constitution with at least a minimum of two tiers of higher age qualification is higher age qualification is that he/she will be which is the fundamental law of Government - one at the federal level that he/she will be more more mature. He will be more prone to be pro- the land. So, the federal and the other at the level of the active. He will not be passionate and mature. He will be more governance is always provided constituent States which come together emotional. Unlike in the Lower House, he will .prone tobe pro-active. He by a written and rigid to form a federation. no~ be swayed or overcome by emotions and will not be passionate and Constitution as it was done by the founding fathers of our own Constitution. passions during discussion on the issues emotional. Unlike in the already discussed in the Lower House or not Look at the wisdom of the founding fathers of our Constitution! They realised Lower House, he will not discussed therein. Unlike the Members of the very well at that time itself that Independent India is a multi-cultural, multi- be swayed or overcome Lower House, the Members of the Upper lingual and multi-racial society and therefore, it calmot be a unitary State like by emotions and passions House will behave in a better way in the sense British India. The Britishers had a unitary State. That was split up into States during discussion on the that they will address the issues before the House in a disinterested manner. And they and along with the Indian issues already discussed The federal governance is always provided Princely States, they were will contribute to the development of the by a written and rigid Constitution as it in the Lower House or not brought into the Indian Union. country and the people by preventing hasty was done by the founding fathers of our discussed therein. Unlike Our framers chose very and ill-considered legislation. That was the own Constitution ... They realised very the Members of the expectation, aspiration behind the creation of carefully the term 'Union'. well at that time itself that Independent Lower House, the the Second Chamber. Theysimply did not say,"India India is a multi-cultural, multi-lingual and Members of the Upper multi-racial society and therefore, it can- is a federation of States." The House will behave in a better way in the sense that they will address the issues not be a unitary State like British India. term 'Union' means it is a before the House in a disinterested manner. And they will contribute to the strong union. It means that no separation, no secessionism is possible or permitted for any constituent unit of d~velopment of thecountry and the people by preventing hasty and ill-considered this country, that is, for any State. Ifthat isso, you have to give representation to legislation. That was the expectation-:aspirationbehind the creation of the Second Chamber. ,"; all the States which are the constituent units of the federation and that is why the Second Chamber is a practical necessity. One just cannot operate a federal polity without a Second Chamber, where all the States are and should be Lastbut not least, a Second Chamber is very essential for the development represented. of a country. India is no doubt an ancient society, but we became a modern nation only after Independence in 1947. So, development became a priority in Secondly, federalism means a political contrivance for protection of the the agenda of governance as well as our road to progress. And, if we have to States' rights and interests with the maintenance of national unity and power. develop the country, decentralisation or federalism or sharing of power by the So, here, through the federal mechanism we seek to combine and achieve, on federal Govermnent with the State Governments, by the State Governments _ .....•.

Rajya Sabha in Indian Polity 67 66 Role and Relevance of

with the Governments at the local level, that is, at the municipal and Pallc1l1lyati relevant. We are not going to abolish it. That is the reason why RajyaSabha has Raj level (the village, block and district level) is very essential. That is the been given extraordinary powers. In fact, Ishould say that both the Houses are reason why we passed the 73,d and 74th Constitutional Amendments and created equal except in two respects. In financial matters, all the Money Bills must the third tier of the Government at the grass-root level. Now, Indian polity is a originate in Lok Sabha. Rajya Sabha has been given only 14days to delay such three-tier system. We have the Governments at all these three levels - national, Bills. It can give its recommendations, but it is up to Lok Sabha either to accept the recommendations, or to reject them but Rajya Sabha has the power to give State and local.To develop India, we - the sovereign people have to participate not only in governance, not only in elections to the Parliament or State suggestions. legislatures or local bodies, but also in the process of planned development True, Rajya Sabha is not equal in power to the American Senate in the and social change as well. For this, Parliament and other institutions of case of Money Bills. The American Senate is more powerful than the House of Government will have to facilitate, to channel peoples' participation in Representatives because it can do anything with Money Billsexcept changing development. the title of the Money Bills,and it can even mutilate them beyond recognition. So, it is more powerful than the House of Representatives. But our founding Now, from theory, I come to the practice. I have no experience of fathers did not want a rival to the House of the People. They wanted Rajya Parliament, but as a shrewd observer and as an active citizen, I have been Sabha to share the powers with the Lower House, which represents the people observing the debates/discussions of Rajya Sabha and Lok Sabha. And my of this country. Rajya Sabha represents evaluation is that, on the whole, Rajya Sabha has acquitted very well. Rajya the interests of the States and the I{.ljya Sabha has been given Sabha has established its On the whole, Rajya Sabha has acquitted diversity of the country. Therefore, it has sped.11 powers, and in all the position as a very useful Second very well. Rajya Sabha,has established to go by the will of the people, which is other respects, it is disch.uging a its position as avery useful Second. Chamber of Indian democracy represented in LokSabha. After all, India meaningful .1Ild equal role in Chamber of Indian democracy... Rajya besides being a permanent is a sovereign democratic republic. The legisl.ltion, in performing Sabhahas by its sheer hard work and House consisting of 250 people are supreme and sovereign, and constitutional duties, and in excellent performance has proved its members out ofwhich one-third the will of the people is heard in Lok amendment of the Constitulion. worth. We have realised the philosophy, retires every two years. That Sabha. Therefore, the Government is behind the bicameral legislature many permanency is constitutionally collectively responsible to Lok Sabha and not Rajya Sabha. This does not times, and Rajya Sabha has not been ordained. Apart from that, overtaken by emotions exceptsometimes. mean the demeaning of Rajya Sabha. As has been pointed out, Rajya Sabha what I am saying is that Rajya has been given special powers, and in all the other respects, it is discharging Sabha has by its sheer hard work and excellent performance has proved its a meaningful and equal role in legislation, in performing constitutional duties, worth. We have realised the philosophy behind the bicameral legislature many and in amendment of the Constitution. Without Rajya Sabha performing its times, and Rajya Sabha has not been overtaken by emotions except sometimes. role, can Lok Sabha alone remove the President or the Vice-President? Of course, pandemonium goes on very often in LokSabha, but it isless, Ican say, Impossible. Or, can it remove a Judge of the High Court or the Supreme Court, in Rajya Sabha. I won't admit that it is the duty of the Presiding Officers - the or the Comptroller and Auditor-General of India? No. You see how difficult Vice-President of India, or the Deputy Chairman, only to maintain the decorum is the impeachment process? The Lower House can be often overcome, as I of the House. Members have to equally cooperate without which they cannot said repeatedly, by emotions. It can pass a resolution by two-thirds majority maintain the dignity or the rights of the House. and also by total majority to remove the President but by itself it cannot impeach the President. For the Constitution provides that one of the Houses has to So, the Members of Rajya Sabha have done a good job and performed prefer the charge - any House either the Lower House or the Upper House - well. There may be aberrations here and there, nevertheless the virtues behind against the President for violation of the Constitution, and the other House the establishment of Rajya Sabha have been achieved, are being achieved, and must investigate, and if the investigation sustains it, then only the President will continue to be achieved in future. So, the role of Rajya Sabha is very can be removed. Similarly, there is another procedure for the removal of the AA ••••.. • .-. A'" - .._-- -

68 Role and Relevance of

Vice-President. What I am emphasizing here is that the founding fathers of the Constitution have very thoughtfully, very wisely created the bicameral system of Parliament at the Centre after having first decided upon a quasi-federal polity for India.

Federalism alone can suit the interests of this country. We cannot become a centralised unitary state. Although the residuary powers have been vested in the Centre and not the States, over the last 50-53 years, more decentralisation has taken place, and more should take place if Indian democracy is to blossom into a meaningful and mature democracy. Thank you.

Shri G. C. Malhotra, Secretary-General, Lok Sabha speaking in the Seminar. Dr. (Smt.) Najma Heptulla looks on

"The experience of 55 years of Rajya Sabha and Lok Sabha '" shows that there has been a complementary and supplementary effort in the governance of the country and in keeping the executive accountable."

- Shri G. C. Malhotra •...... •. •••••••• ..•. A .•••• ~ __

RajyaSabha in IndianPolity 71

the Members of Lok Sabha and RajyaSabha conduct business, are also common. Time, of course, is not common. We have three sessions per year, and we have an average of 54 minutes per member per year in Lok Sabha. THE TWO HOUSES: PLAYING A COMPLEMENTARY AND SUPPLEMENTARY ROLE IN INDIAN POLITY' This is for 545 members. The time availability is same for Rajya Sabha, but the average time available to its members comes to something about 110or 115minutes, and that is precisely the reason that the Members of Rajya Sabha Thank you very much, Madam. I am grateful to you for giving me this are at a comparative advantage over the Members of Lok Sabha. The Members opportunity to speak before this very distinguished gathering. We have, since of Lok Sabha, who are directly elected by the people and directly accountable morning, listened to very distinguished and eminent parliamentarians, to the people, have journalists, academics and parliamentary officials. The course of discussion comparatively less time for We have an average of 54 minutes per has been very highly educative. We have been exposed to their very rich and communication with their accumulated wisdom, their memory and their own experiences. member per year in Lok Sabha. This is electorate as compared to the for 545members. The time availability is Members of RajyaSabha. This same for Rajya Sabha, but the average Now, my first comment is on the topic. The topic is about the role and is what Shri Era Sezhiyan has time available to its members comes to relevance of Rajya Sabha. When we talk about relevance, it appears as if there also mentioned. The something about 110 or 115 minutes, and is a question mark about its relevance. But, the experience of 55 years of Rajya legislation, of course, is that is precisely the reason that the Sabha and Lok Sabha - as you said, we have been working, the two Houses common. A Bill can be Members of Rajya Sabha are at a have been working together - shows that there has been a complementary and introduced in either House. If comparative advantage over the Members supplementary effort in the governance of the country and in keeping the it is introduced in Rajya of Lok Sabha. executive accountable. So,there should not be a question mark on the relevance Sabha, then Lok Sabha of Rajya Sabha. The subject could rather be the role of Lok Sabha and Rajya becomes the second Chamber. Therefore, there should be no grievance that Sabha. Rajya Sabha is only known as the Second Chamber. Whenever a Bill is initiated, or a discussion is initiated in one Chamber and ispassed, the Bill Professor Dandavate started with the history of the independence of the has to go to and pass through the Second Chamber and that could either be legislature and the legislature secretariats. This independence of the Secretariat Lok Sabha or Rajya Sabha. The role and relevance of Rajya Sabha, as has been is common to both Lok Sabha and Rajya Sabha. The Parliament, as we know, mentioned right since is constituted of the President, Lok Sabha and Rajya Sabha and the functions A Bill can be introduced in either House. morning and experienced If it is introduced in Rajya Sabha, then Lok of Lok Sabha and Rajya Sabha have been complementary and supplementary through .55 years of Sabha becomes the second Chamber. to each other. While the Members of Lok Sabha are directly elected by the democracy, has come to stay. Therefore, there should be no grievance people, the Members of Rajya Sabha are, in fact, elected indirectly; they are that Rajya Sabha is only known as the A Billhas to be passed by both microcosm of 28 States and 2 Union territories, elected by the elected Second Chamber. the Houses of Parliament. If representatives of the States. Therefore, people's representation is common to there is any disagreement, both the Houses. then it has to be passed by both theHouses sitting together. There were three instances when there was disagreement. These were: the Dowry Prohibition The two Houses began their first sitting on the 13th May, 1952. They have Bill, 1959, the Banking Service Commission (Repeal) Bill, 1977, and the met equal number of days all these years. We are, of course, celebrating the Prevention of Terrorism Bill, 2002. These were passed by both ,the Houses 200th Session of Rajya Sabha, but Lok Sabha as well, has completed this much again. No House can supersede the powers of the other House. period. The functions are common, the deliberations and the devices by which Whenever we speak about constitutional requirements and provisions • Text of the speech delivered by Shri G.c. Malhotra. Secretary-General, Lok Sabha regarding financial matters, and in matters of accountability, of course, there is ~ .- . -

72 Role and Relevance of

provision that some powers are vested in Lok Sabha and certain other powers are vested in Rajya Sabha. For example, legislation on State matters. Unless Rajya Sabha agrees, Lok Sabha cannot do anything in the matter of legislation on State matters. Similar is the case with regard to the creation of All-India Services. Only a resolution passed by Rajya Sabha can lead to the creation of All-India Services. There are certain powers which are common to both the Houses. For example, privileges are common. The fund available under the Member of Parliament Local Area Development (MPLAD) Scheme is equal for Members of both the Houses. There are, of course, some powers vested in one House and some other powers vested in the other House, but these have to be supplementary and complementary. The other day, the Deputy Chairman was saying about the financial powers of the Lower House. Rajya Sabha is known as the House of Of all the Finance Ministers, Elders, of more mature people. The six of them were from the Presiding Officer of Rajya Sabha is . Upper House. Three Prime number two in the protocol, and many of Ministers have come from the them have had the honour of becoming Upper House and Ministers, number one in the country. of course, can come from either House. Therefore, apart from this, I would like to add, Madam, that we try to divide membership on the committees. The representation in the parliamentary delegations abroad is 1:2. Now, 245 Members of Rajya Sabha and 545 Members of Lok Sabha are just not exactly 1:2. The ratio is weighed in favour of Rajya Sabha. Another thing is, Rajya Sabha has advantage in almost every aspect. Rajya Sabha is known as 'Upper' against 'Lower' Lok Sabha. Rajya Sabha is known as the House of Elders, of more mature people. The Presiding Officer of Rajya Sabha is number two in the protocol, and many of them have had the honour of becoming number one in the country. The Deputy Chairman, of course, Madam, has the status of a Cabinet Minister. A Deputy Presiding Officer does not normally enjoy this status, but she is enjoying it by the dint of her own merit and being the President of the Inter-Parliamentary Union (IPU). Then comes the tenure. It would be of interest to know for the students that Lok Sabha Speakership has been maximum for ten years and, Dr. (Smt.) Najma Heptulla, the then Deputy Chairperson, Rajya Sabha delivering Valedic- Madam has the honour of being the Presiding Officer for 17 years. tory Remarks in the Seminar

When I see before me my distinguished colleagues from Rajya Sabha, "When we are sick, we always say that we should seek a second opinion of a who have had the honour of becoming Governors, Madam, Shrimati Rama doctor. When we are legislating, which isgoing to affect the eutire nation, it Devi is there, and Shri Sudarshan Agarwal is there and some times, I feel there is necessanj that there should be a second opinion. There should be a better is a need to have a topic on upgrading the Lok Sabha, and that could certainly thinking and our deliberations definitely do that." be considered. Madam, I will request you to organize a seminar on that subject. With these words, Madam, I thank you very much for giving me this - Dr. (Smt.) Najma Heptulla opportunity. ••• •••• •••••• -.& ....•....••••

RajyaSabha in IndianPolity 75

The Inter-Parliamentary Union, represents 145Parliaments of the world, and the parliamentary system isequal to the United Nations. Though the United TOWARDS A MORE INTERACTIVE DEMOCRACY' Nations' Charter says: "We, the people ..." but I, as the President of the IPU, on the floor of the United Nations, has said that you are the representatives of only the Governments and as Thank you very much Mr. Malhotra. I knew that you are going to make a If we see the history, the cream of the such you can only say: "We, very, very good speech. Not only that you will give us some compliments, a lot society - the intellectuals used to go to the the Government." But as the Parliament. They were there to rule us; of compliments, but your feelings also. SOiI can just comment on 'what is elected representatives of the they were there to formulate the policies being said just adding a few experiences of mine. Of course, Dr. Madhu people, the Inter- for the future of India; they were the Dandavate has his own experience, Dr. L.M.Singhvi, Mr. P. Shiv Shanker, our people with wisdom and understanding; Parliamentary Union can present Members of.Rajya Sabha, Mr. Ranganath Misraji, the Secretaries- they were intellectuals who had never cut rightfully say as they Ge~eral of Rajya Sabha, our nominated Member, Mr. Kuldip Nayarji, you are down their roots with the grass-roots represent, both the ruling all here, and of course, th~ journalist view-point. I do not take Mr. Kuldip problems of this country. party and the opposition, as in Nayar's opinion as an opinion of a journalist because he is guilty of being the the parliamentary language, Member of Rajya Sabha, whether in the coveted capacity as a nominated we call it the majority view-point and the minority view-point. So, we in the Member by the President, yet we have one person representing the journalist IPU, can easily say, or can rightly say, we are a democracy, we are the community, and as we say, the journalists always look down upon us. I am representatives of the people and we, the people. We have seen abroad also, in talking literally, because if you students go to the House, you will see that the many Parliaments and in many countries, the apathy of the youth, the apathy of the young people towards politics. I was 12 years old when Rajya Sabha Press Galleries are above us. So, they have to look down upon us, and we all was established, and seven years old when we got independence. Ifwe see the the time, look up to them. But I hope they do not look down upon us, and we history, the cream of the society - the intellectuals used to go to the Parliament. do not give them an opportunity to do that. I am very happy that we got this They were there to rule us; they were there to formulate the policies for the idea of celebration of the 200th Session of Rajya Sabha to invite you young future of India; they were the people. Now, we have nine Universities represented over here. They are: people with wisdom and You people who have come from the best Banaras Hind u University, Jawaharlal Nehru University, Jamia Millia lslamia, understanding; they were universities, colleges and institutions of University of Hyderabad, University of Pondicherry, Aligarh Muslim intellectuals who had never our country, I feel it is high time that we should find out what you would like us University, Babasaheb Bhimrao Ambedkar University, Lucknow, Visva cut down their roots with the Bharati, Santiniketan and University of Delhi and nine institutes are to be? Why the cream of the society, the grass-roots problems of this intellectuals, the young people do not represented over here: the Indian Institute of Technology, Madras, the Indian country. If I name people, come forward to join politics? Why you Institute of Technology, Delhi, the Indian Institute of Technology, Bombay, Pandit Jawaharlal Nehru, shun it and why there is an apathy? Apart the Indian Institute of Technology, Guwahati, the Indian Institute of Mahatma Gandhi, Maulana . from apathy, I feel there is cynicism. What Technology, Kanpur, the Indian Institute ofTechnology, Kharagpur, the Indian Abul Kalam Azad, they were is wrong with us? Have we not done our Institute of Technology, Roorkee, the Indian Institute of Management, Indore the people who led the duties properly? Or, do you expect and the Indian Institute of Management, Lucknow. We have you here today, freedom struggle of this something else from us? That was the basic idea for inviting you people over and this idea came to us and the Committee was given this job to plan out the country. While the members ~ere and letting you to listen to the most' programme. of Lok Sabha are elected with --eminent people ... universal suffrage, Rajya Sabha, with a different ~Iectoralcollege, represents our federal structure. And • Valedictory remarks by Dr. (Smt.) Najma Heputlla, the then Deputy Chairperson, you people who have come from the best universities, colleges and institutions Rajya Sabha of our country, I feel it is high time that we should find.out what you would

______I' ••,U a ..••••••• .•. "" !•••• • . .

RajyaSabha in IndianPolity 76 Role and Relevance of

like us to be? Why the cream of the society, the intellectuals, the young people we should seek a second opinion of a doctor. When we are legislating, which is going to affect the entire nation, it is necessary that there should be a second do not come forward to join politics? Why you shun it and why there ISan opinion. There should be a better thinking and our deliberations definitely do apathy? Apart from apathy, I feel there is cynicism. What is wrong ~ith us? that. The Vice-President said, "It is not only a representative House, but also a Have we not done our duties properly? Or, do you expect somethmg else deliberating House." We deliberate over there. A democracy, as I describe it, is from us? That was the basic idea for inviting you people over here and letting not only of the people, by the people and for the people, but also interactive. you to listen to the most eminent people who could be sparing their time to A democracy has to be interactive. A democracy has to be inclusive. So,to make come and speak to us. There are many other Members of P.arli~ment. our democracy interactive, we have invited you, as you are the future of our Shri Virumbi is sitting with us. He isone of the very activeMembers ofParliament nation. Weshould interact with you. Weshould be inclusive and should include from Tamil Nadu; Shri Reddy who has been awarded for attending more th~n everybody. 100Sessions, and others from the Left Front and other parties. Now, the mam thing that we should try to get from you is what you want? I would have been The age limit for entering the Rajya Sabha is higher. However, in the extremely happy if you could interact with us, we have got 83 students, House of Elders, there are very young intelligent students, coming here with expectations and hope. But, however, people also. I will be too happy if some A democracy has to be there is lack of time. This is the first time that we have taken such a venture, young people are nominated or elected by interactive. A democracy has to and I am very, very happy that it is being successful. I have been sittin? here various political parties so that we have a be inclusive. So, to make our and listening to. There has never been such an enjoyable day for me ~s thISone, mixture of the young and the old. democracy interactive, we listening to different opinions and experiences. Though we apologIse that we have invited you, as you are could not hear you, but we can, later on, have some such occasions where you But, in a lighter vein, I would like to the future of our nation. could speak. I would suggest that, as we have got 18institutions represented tell you two things of which I am reminded. In the American Senate and in the over here, if every institution sends us, after attending this Conference, wh~t American House of Representatives, the same committee was nomenclatured was their opinion of this meeting and what you expect us to do now and. In differently, the Foreign Affairs Committee and the Foreign Relations Committee. future? How you would like our Parliament to function? How you would hk.e In the American Senate, it is known as the Foreign Affairs Committee and in our elected representatives to behave? We would be very happy. We feel that .It the Lower House, that is, the House of Representatives, it is known as the should be an ongoing process. Democracy is not stagnant. Democracy IS Foreign Relations Committee. When somebody asked why there were two moving. It goes on. It changes as we change. different nomenclatures for the same job, a Member of Parliament of America told me, "When we are in the Lower House, we can have relations. But when Both the Houses of Parliament are complementary and supplementary, as we go to the Upper House, we are older and we can only have affairs. Nothing the Secretary-General of Lok Sabha has very clearly stated. We work together. more than that". These are the things. But two very important things have We understand each other. The Second Chamber, whatever you call it, the come in my life time. Prof. Madhu Dandavate was giving his experience about Upper House or the Lower House, acts as a check and balance, if there is a the authority of the Chair. That is the most important thing. As massive majority in the Lok Sabha. Twice, I remember, in my time, when there Shri Mavalankar, the first Speaker of Lok Sabha had said, "In a parliamentary democracy, Speaker is the only dictator because what the Speaker says has to was a massive majority in the Lok Sabha, the Government could not bulldoze be followed by everybody." Whether it is followed or not followed, that is a the legislations because they did not have the requisite majority in the Upper debatable question. But he is the only person whose opinion has to be followed House. So, the Bills had to be reconsidered. On two occasions, two very because he gives his opinion after a lot of deliberations. I, with my experience important legislations were defeated in the Rajya Sabha, one was the Privy of 16years in the Chair, have seen many, many good times, better times than Purses Bill and the other was the Panchayati Raj Bill in 1989 for want of two , . f difficult periods. I am sure you must be reading newspapers. These are all our votes. The first one was defeated for want of one vote. Recently, In the case 0 political hazards which we have to live with. So there is no complaint about it. the POTA, we had to have a Joint Session of the Parliament to pass the Billand But the main thing is that sometimes such occasions do arise. As Prof. Madhu make it a legislation. At least, on three occasions, I have seen how Rajya Sabha Dandavate said about privileges, whether the privilege of a Member can be kept a check and gave a second opinion. When we are sick, we always say that - -- ••• - ..•. •

78 Role and Relevance of Rajya Sabha in Indian Polity 79 raised in the other House or not. We have definite rules for it. There were two of understanding about what a law should be and how a law is understood. very difficult situations I had to deal with, apart from others. The one was Now, there was a case of Shri Pranab Mukherjee coming back from Marakkesh when we were discussing the Report of the Joint Parliamentary Committee on after signing the WTO Agreement, and he wanted to speak on the subject. Securities Scam. Shri Jethmalani, an eminent jurist and lawyer, who is still a Now, you the people, who have come for the Seminar from various universities Member of the House, was speaking, and who, by his own admittance, was the and institutions, I am sure, would have been given the book on Rules of lawyer for Harshad Mehta, the main accused. At that time, Shrimati Rama Procedure and Conduct of Business in the Council of States (Rajya Sabha). As Devi was the Secretary-General. He wanted to speak on the Report of the Joint per that, there are various devices under which a Member can raise an issue; a Parliament Committee. It was a very tense moment when some Members from Special Mention or a Short Duration Discussion, or a Motion. Now, any the Congress Party were very agitated. At that time, Shri S.s. Ahluwalia was in discussion, which is not under a Motion, doesn't need voting. But any the Congress Party and now he is in the BJP and Shri S. Jaipal Reddy, who is discussion, which comes under a formal Motion, has to be voted either for or now in the Congress Party, was in the Opposition. Some Members said that against. It has to be carried or defeated. Now, talking about that incident, Shri Jethmalani cannot speak. Botl}the Houses were debating the issue. There Shri jaipal Reddy was the most aggressive Member at that time in the Opposition; was a lot of fighting, acrimony and anger. Some Members were saying that he and other Members were arguing the case either for or against it. They Shri Jethmalani cannot speak and some others were saying he could speak couldn't come to any conclusion. And, they said, "You give a ruling." I said, because he was a Member of the House. They said that they wanted my ruling. "Okay, I will give the ruling." And, I said: "As per our Constitution, any I did not want to hurt the feelings of Shri Jethmalani. My job is not to hurt. My agreement or a treaty signed by the Government abroad or in India does not job is to run the House as a referee. I thought for a minute. There was no time have to be ratified in our Parliament." In many other Parliaments of the world, even to go to my room and see some books. Just it came to my mind that Ihave these treaties have to be ratified. But we do not have to ratify it. I said, "If you to give a ruling. So I said, "Mr. Jethmalani, you are an eminent and very don't have the authority constitutionally to ratify a treaty, you have no right to respected Member of this august body. You are by your own admittance reject it. So, the Constitution does not allow me to permit you to discuss this a lawyer for Harshad Mehta, the main accused in the securities scam. I feel that particular rnatter of signing the Marakkesh Agreement on the .WTOunder tha t propriety demands that voluntarily you should not speak." He sat down. He provision. You can discuss it under any other provision without voting." Then, did not speak. But he wrote half a page article in the Times of Illdia. Then he Shri Mukherjee, who is a senior Member and the longest sitting Member of the wrote a letter to the then Chairman of Rajya Sabha, Shri K.R. Narayanan that Rajya Sabha, sent me a chit saying, - he was the Commerce Minister at that he should withdraw the ruling given by me. Shri Narayanan called me. I went time - "This ruling will become historic because many times such a discussion to him. I said, "Sir, uptill now, there have never been any instance that the would come up." And the Members asked me on both the cases to show it in the ruling of the Vice-Chairman or the Deputy Chairman was withdrawn by the Rules of Procedure or in the book by Kaul and Shakdher. I said, "What are Chair. When you are not in the precincts of Parliament, all the authority which those books? They are the rulings of the various Presiding Officers given at is vested in you is vested in me because I am in the Chair." That is what the various times in different situations." I don't know whether any such situation Constitution says. I said, "You cannot withdraw my ruling officially or as that of Harshad Mehta's case, which involved millions of rupees, would be constitutionally. But I have no objection. You can withdraw whatever you like. taken up in Parliament or that of treaties? But these rulings are very historic. I will not object to it." Iasked, "Sir, what will you withdraw? Will you withdraw that Shri Jethmalani is an eminent lawyer and he is a Member of this august I had one more difficult task as the Presiding Officer and that was passing body? Will you withdraw that Harshad Mehta is not the main accused in this a reprimand to a Member, Shri KK Tiwari, and that was the worst moment of case? Will you withdraw that ShriJethmalani should keep propriety of the House my life. He said something about the Vice-President. There are privileges; the and voluntarily he should not speak? What are you going to withdraw out of it? matter is raised that the privileges had to be codified. I am against it. The What does Shri Jethmalani want you to withdraw?" Shri Narayanan said, moment you codify, we become more powerful. Once it is ambiguous, at least, "Nothing, Icannot withdraw anything. You have not said anything." Whatever the Chairman of the Privileges Committee will not precipitate things. We always I wanted to say, I said that in a way which did not hurt anybody. take a very soft course. Once they are codified, either Parliament or the Legislature will have an authority saying, "We have this privilege." So, we There was another very, very interesting incident, which dealt with our thought of this and said, "Let us not codify them." I preside over the Committee Constitution. I am no lawyer, but these 24 years in the Rajya Sabha, and 16 of of Privileges. That remark was against the then Chairman of Rajya Sabha, these in the Chair, have given me so much insight, the common basic knowledge Shri Shanker Dayal Sharma. Some words were said against him which made 'L _ ..• . .. -

80 Role and Relevance of

him cry in the House, and the matter was sent to me. I said from the Chair that I had the privilege, or the capacity or the capability to decide on the privileges of Members of Parliament as the Deputy Chairperson, but I didn't think I was competent enough to decide on the privileges of the Chairman, who is the Vice- President of the country, and therefore, I would convert the entire Rajya Sabha into the Privileges Committee. And for the first time, the entire Rajya Sabha was converted into the Committee of Privileges, and it decided on whatever reprimand was to be given so that the blame did not come on any individual that he was biased or unjust. And that is the most difficult job for any Presiding Officer. But we have tried and we have done our best.

I am very happy that you are aU here. And 1hope, and aU of us know, that our Parliament will survive, that our Parliament will not only survive but it will thrive, provided we get people like you, who are more interested in the affairs of our nation. We have nominated Members in Rajya Sabha, who are very eminent people, those who cannot get elected, because they can become eminent either in their own fields or they can become eminent in politics. These two things do not go together. So, we have 12 nominated Members in Rajya Sabha. Shri Kuldip Nayar was one of them. We have Shri BimalJalan, who is an economist,as a nominated Member ofRajya Sabha. Dr. K. Kasturirangan, a great I hope, and all of us know, that scientist, is a Member of Rajya Sabha. The our Parliament wiJI survive, great sitar maestro, Pt. Ravi Shankar, was that our Parliament wiJI not a Member. Now, you do not expect only survive but it will thrive, Pt. Ravi Shankar to be a great sitar maestro provided we get people like and also a great politician at the same time. you, who are more interested It cannot be. Ms. Lata Mangeshkar is a in the affairs of our nation. Member at present. Mr. M. F. Hussain, the great painter, was a Member. We had Dr. Salim Ali, the renowned ornithologist as the Member of Rajya Sabha. I remember him coming and asking me whether he could bring his binoculars in Rajya Sabha; I had asked him, "Dr. Salim Ali, what are you going to look at because there is nothing worth looking at in Rajya Sabha; it is only worth listening to in Rajya Sabha." Then, Shri RK. Narayan, who wrote the Malgudi Days, was a Member. Those were the Members who reaUycontributed greatly to the working of Rajya Sabha. This is the privilege we have. Dr. P. L. Sanjeev Reddy, Director, Indian Institute of Public Administration (IIPA), speaking in the Seminar With these words, I thank you once again for coming over here and listening to us. Now, we will like you to write to us about your experiences of "Rajya Sabha through its mature deliberations has been keeping up the demo- this Seminar and we will give awards for the three best write-ups. Of course, cratic ethos and spirit, and keepillg the democracy alive and vibrant. You are we will write to you formaUy about this. We will also have many more such occasions. also making the participatonj democracy interactive and inclusive, as it was, and functiollally efficient, responsive, equitable and fulfillillg." Thank you, Sirs, for aUof you sparing your time and coming here. - Dr. P. L. Sanjeev Reddy • • •••• • -

Rajya Sabha in Indian Polity 83

of policies and their implementation at the grassroots level. We partner with various centres of learning, universities and draw heavily on the accumulated knowledge, cumulative experience and wisdom of seasoned parliamentarians PRESERVING THE DEMOCRATIC ETHOS likeall of you, and eminent think-tanks, intellectuals, theoreticians, practitioners AND SPIRIT OF THE NATION' of administration to make policies people-friendly, pro-poor, pro-woman and pro-nature.

Respected Madam Chairperson, Secretary-General, Rajya Sabha, Dr. TIle lIPA can playa very complementary and supportive role in carrying Yogendra Narain, Secretary-General, Lok Sabha, Malhotraji, distinguished forward the excellent work that the Rajya Sabha has been turning out all these Members of Rajya Sabha, the distinguished galaxy of speakers, members of years. We take the opportunity to thank the honble Vice-President ofIndia, who the academic community, students, invitees, media representatives and friends: happens to be the Chairman of Rajya Sabha, Dr. Najma Heptullaji, Deputy Chairperson, Dr. Yogendra Narain, Shri Malhotraji and all the distinguished At the close of this very scintillating Seminar on the "Role and Relevance speakers who have made interesting and insightful speeches and having thrown of Rajya Sabha in Indian Polity", I am happy to share with you that it is a huge light on the key role and increasing relevance of the Second Chamber, pleasure and privilege for the Indian Institute of Public Administration (!IPA) namely Rajya Sabha in the Indian context. to have been asked to co-sponsor such a stimulating and value-adding Seminar. Rajya Sabha through its mature deliberations has been keeping up the This august assembly is aware of the fact that the !IPA was set up in 1954 democratic ethos and spirit, and keeping the democracy alive and vibrant. You as an autonomous organisation under the Chairmanship of Pt. Jawaharlal are also making the participatory democracy interactive and inclusive, as it Nehru, the first Prime Minister of India to promote and provide for a holistic was, and functionally efficient, responsive, equitable and fulfilling. Our thanks study of public administration. The spectrum of its activities includes training, go to the staff of the Rajya Sabha Secretariat, the media and the 83 students teaching, research, consultancy and advocacy pertaining to the executive, its who are attending this enormously educative Seminar. I request. the Rajya Sabha to kindly pioneer in holding such stimulating Seminars so that the process functioning and its interface with judiciary, civil society and the interplay of of parliamentary democracy becomes rich in content, true and transparent in all the instruments of governance. We believe in ensuring good governance action. Rajya Sabha has a role cut-out to safeguard and strengthen democracy, and harmonious functioning of all the wings of the Government. promote social equity, catalyse accountable governance for the onward march of our great country to have a true tryst with destiny. The role and relevance of The !IPA has 61 local and regional branches spread all over the country Rajya Sabha are what the members make of it. The whole nation and its people and through them we disseminate knowledge, attitudes and practices towards respectfully expect the members to live up to the great faith and confidence promotion of democratic ethos and values, and ventilate the concerns, articulate reposed in this the hopes which are relevant to pragmatic, progressive and pro-active great institution Rajya Sabha has a role cut-out to safeguard and legislations, policy packages, and translate the ideals and aspirations of people as a springboard strengthen democracy, promote social equity, catalyse enshrined in the Constitution through the Preamble, Fundamental Rights and of matured accountable governance for the onward march of our the Directive Principles of State Policy. discussion and to great country to have a true tryst with destiny. The help India to role and relevance of Rajya Sabha are what the members make of it. The whole nation and its people We, at this juncture, wish to assure you that we can take up action emerge as a true respectfu!Iy expect the members to live up to the great research, customer training for the new members and demand-driven sen tinel of faith and confidence reposed in this great institution consultancy assignments for making a difference and suggest any systematic democracy. We as a springboard of matured discussion and to help and procedural improvements to get the best value for the time spent in Rajya thank you all for India to emerge asa true sentinel of democracy. Sabha and, enrich the deliberations, contribute handsomely to the robustness having given us the opportunity to be associated. It will be our pleasure to co~tinue our partnership and work towards the common mission and shared values. , Text of the speech delivered by Dr. P.L. Sanjeev Reddy, Director, Indian Institute of Public Administration, New Delhi Thank you very much. •• ••• --

WRITE-UPS ON THE SEMINAR RECEIVED FROM STUDENTS

Group photograph of student participants with Dr. (Smt.) Najma Heptulla, the then Deputy Chairperson, Rajya Sabha, Dr. Yogendra Narain. Secretary-General, Rajya Sabha, Shri Abani Roy, M. P., Rajya Sabha, Shri R.C. Tripathi, former Secretary-General, Rajya Sabha, Prof. (Smt.) Noorjahan Bava and Officers of Rajya Sabha Secretariat .•. ..• - -

SORRY STATE OF PLAY!'

Democracy refers to more than the exercise of citizens voting rights in election or even the right tofree speech. It derives from the empowerment of the people, not as abstract legal citizens but as concrete and active agents capable of pursuing their interests. - Ayesha Jalal

The conception behind inviting the students from the prestigious institutions of the country to the Seminar on 'Role and Relevance of Rajya Sabha in the Indian Polity' inaugurated as a part of the celebrations of 200'h session of Rajya Sabha is greatly applauded. This shows that our leaders felt the necessity of active participation of youth in the political sphere.

An assortment of distinguished speakers from the field of politics, bureaucracy, media, law and academics reflected a medley of perceptions and opinions. Itprovided a moment of retrospection for the politicians, an opportunity to scrutinise for the journalists and the jurist. An academician concentrated on the theoretical framework, while the members and veterans of Parliament relied on their valuable experiences. Civil servants who watched the functioning of the democracy closely made a discreet examination.

But, the underlying concerns of all the speakers were the same. Their speeches exposed their apprehensions and dissatisfaction over the degrading performance of the legislature.

An analysis of their explicit concerns leaves some questions unanswered: who actually has to be blamed for the declining quality of governance? When the players in the government are genuinely anxious of the eroding political system, then where does the problem lie? Does selfishness and lack of integrity embrace many, that they override the interests of few responsible legislators?

At the end of the event, honble Deputy Chairman of Rajya Sabha divulged her anxieties and questioned the apathy ofstudents towards )50litics.Asdentist-

* Ms. S. Mano"hari Velamati, M. Phil. South Asian Studies, School of International Studies, Jawaharlal Nehru U~iversity, New Delhi .IL . -

88 Role and Relevanceof Rajya Sabha in IndianPolity

turned-politician pleaded the young citizens not to alienate themselves from the muscle power can sustain to further their selfish interests. The rules of the responsibility of upholding the nation. game has been changed and the continuation of this sorry state of play will ultimately result in demonocracy and not democracy. Indifference on the part of youngsters towards the politics shouldn't indicate irresponsibility to the nation's problems. What triggers the young Like the king, like the people. Nation's prosperity or declination is minds is the apathy of the rulers to the challenges confronting the nation. determined by the quality of governance. When the government is fragile and unaccountable, country becomes more vulnerable to social, political and The purpose behind creating the legislative structure for India is said to economic ailments. The dignity of the legislature, which is getting eroded be for providing a democratic forum. When the representatives whom we need to be revitalised. The Vice-President and Chairman of Rajya Sabha, choose do not serve as a channel for pursuing our interests, then how can we Shri Bhairon Singh Shekawat, emphasised the necessity for redefining the role pretend to be taking democratic decisions? Poverty and deprivation are of Rajya Sabha to make it more relevant. This need is felt to effectively tackle the afflicting millions across the country. Still,we claim ourselves to be democratic! present and the future challenges. Indeed, bicameralism was introduced in our Doctors (rulers) meant for curing the illness of the society are aggravating the disease. Corruption and nepotism prevails everywhere and public money constitution after careful analysis that the Second House would check the hasty nourishes their bank accounts. Even the ugly deeds caught in the camera go decisions of the Lower House. Mrs. V.s. Rama Devi's narration of an example in unpunished. As per the saying, money is a bottomless sea, in which honour, her experience as the former Secretary-Generalof RajyaSabha projects the chances conscience and truth may be drowned. As long as the offenders are set free, as of some bills getting passed even without the realization of all the members long as the justice is buried and denied, the polity of the country has to suffer present in the House. The Upper House should set an example to other central criticism and cynicism. and state legislative bodies by exercising high values and sobriety in its deliberations. Rajya Sabha, which upholds the concept of federalism should Parliament is considered as the temple of democracy. Legislations truly represent the varied concerns of the state units. Shri Kuldip Nayar's produced here undergo systematic procedure as per the constitution. Policies observation in the Seminar, of rising percentage of elected members who do originating here influences millions of lives and also relations with the foreign not belong to the states they are elected from, weakens and misrepresents countries. When the output is of such paramount significance, the proceedings federation. are presumed to be carried in earnest and intellectual tone. But,the legislatures appear to be plagued with ubiquitous nature of the members. Extensive debate The rot in the power needs to be checked by making the rulers more and discussion are essential for framing a rational policy. In fact, arguments accountable. Members indulging in mis-governance and mal-governance and counter arguments are required for examining the pros and cons of an should be punished then and there, which will subsequently enhance the public issue. An ordinary citizen exercises enthusiasm to watch such processes of confidence. Only when the nation prospers, the citizens as a whole flourish. policy determination. Individual accumulation of wealth and power only leads to greed and ultimate vanity. I considered it a great privilege when I was given the opportunity to hear the proceedings in Rajya Sabha, some six and half years back. My zeal and Signs of death and decay of democratic culture in the political parties fervour soon subsided and died with the House getting adjourned within ten became visible since the 1970s. With the awakening of electorate in the minutes over a trivial argument as to whose issue to be initially discussed. This country, the political parties started searching for new means of mobilization. implies lack of commitment and seriousness on the part of elected bodies. Then, came the caste factor. Caste, which is the basis of social stratification, Insubstantial discussions, moral and ethical erosion are pestering the has acquired a new political function. Political parties diluted their ideologies institution. to incorporate this factor. To gain arithmetic vic!ory in the elections, political parties are using this stratification in playing politics. There is constant need Politics is not seen as an avenue for representing public interests. It is for the political parties to divide people on communal lines, deviating from regarded as a dirty game in which only the players with money power and their agendas 'of welfarism and development. People are becoming more - _ r

90 Role and Relevanceof RajyaSabha in IndianPolity 91

conscious of their communal identity, which is proving to be regressive to The glory of the country needs to be revived. Helplessness and the modernization process. Strengthening of identity, which is taking place, is humiliation prevail at every inch of the Indian soil. Citizens of India lead their challenging the secular fabric of the nation. Unity in diversity, which India was lives in frustration and anger. Before that exasperation exacerbates in to a proud of, is getting challenged. Political parties, which claim their roots in revolution, the rulers of the country have to indulge in immediate introspection. secularism, a.reattacking the very principle to sustain. Where the mind is without fear and the head is'held high; Mushrooming of small political parties with deficient ideology and opportunistic origin are disruptive to Indian politics. A greater urgency is in the Where knowledge isfree; air to control such unwanted growth. Politics should transform into no Where words comes out from the depth of truth; scoundrel's option. They must be clear mirrors of public interests and opinions. Where the clear stream of reason has not lost its way into the dreary desert Concentrated development and regional imbalances will result in sand of dead habit; disintegration. When the peaceful and democratic expression of public Into that heaven offreedoin, my father, let my countn} awake. grievances is ignored by the state, it will result in more backwardness and ultimately people resort to violence. Government should respond to such - Ravindranath Tagore. demands by genuinely providing efficient governance. Responsiveand citizen - Jai Hind. friendly governance always wins laurels. Such government is worshipped by the public. It issaid that, when a person assumes public office, he has to consider himself as a public property. Otherwise, consistent inconsiderate character of the government will encourage more bickering within the country and can even threaten the unity of the nation.

"The ultimate tragedy is not the brutality of the bad people but the silence of the good people", according to Martin Luther King. As long as the wise hesitate to participate in the government, they have to bear the brunt of rule of the vice. Students, as a responsible community of the nation should actively involve by enriching their knowledge and enhancing awareness of the political developments in the country. Thereby, act as a strong pressure group by stimulating and influencing the government decisions. In fact, apathy on the part of students towards politics is a bad sign. As the future builders of the nation, they have an important role to play in protecting the dignity of the country.

Gandhiji said,

It is high time that all concerned and patriotic citizens must cOII/etogether for the good of the common man and give anew direction to Indiall history. Eminent Jurist, late Nani Phalkiwala cr:ied,

Today, India lives in a moral vacuuII/. Bold surgery is needed to treat the diseased heart of the natioll which was once great. -

Rajya Sabha in Indian Polily 93

India. In their views, a permanent legislative body in office like this will be a true face of democracy, thereupon. Moreover, such an elderly House of genius/ stalwarts will serve to rectify the hasty legislation by the Lower THE TEMPLE OF LEGENDARY VISIONARIES' House, if taken.

Preamble And hence formed, the permanent House of the Parliament of India, which is the Council of States, constitutes of indirectly elected members. Amongst many "... if I had charge of adult education, I should begin with opening the nomenclatures such as Second Chamber, Upper House, House of States, Council minds of the adult pupils to the greatness and vastness of their country", quoted of States, etc. we have accepted to call precisely as the 'Rajya Sabha' since 1954. Mahatma Gandhi while talking aboutSwaraj. For true Swaraj to come into reality This nomenclature itself reveals the status of this House as a unit of the legislative it is imperative that the students, on whose shoulders lie the future of the country, structure to delegate the responsibility of unifying the nation. It did so by understand the elements of governance. In this respect, the initiative taken to representing the States and Union territories and voicing their interests time to involve students from ,different Universities in the Seminar on 'Role and time. Relevance of Rajya Sabha in Indian polity' as part of celebrations to commemorate the 200th session of Rajya Sablia is a welcome step. Following are some collection One of the' principle objectives of setting up of a Second Chamber in our of thoughts during participating and witnessing one of the unique moments in parliamentary system was to provide opportunity for representation to seasoned my life. and eminent personalities from various'walks of life and thus facilitate a higher standard of debate during the policy making phase. It is a House comprising of Role of Rajya Sabha in broader view 'elders', 'wise men', 'statesmen', 'seasoned people' and alike synonyms. The Rajya Sabha members with their higher age profile, varied educational Ours is a parliamentary democracy and we have adopted a system of two qualification and diverse professional experience reflect the changing profile of Houses i.e., bicameralism, in the Parliament. It is worthwhile to debate upon the our nation and are better equipped to discharge their responsibilities effectively role of bicameralism in the Indian context, its role and relevance, in light of and contribute to the all round development of our great nation. formation of the Upper House, the Rajya Sabha, in year 1952, two years after our republic year. The emergence of bicameral legislatures has been a significant While making a retrospect through the eyes of eminent parliamentarians evolution in the parliamentary democracy, especially for India. during the Seminar gathering, we, the students felt that the Rajya Sabha had not merely remained content with its role as a revising chamber but had contended Since the days of struggle for freedom itself, our leaders envisaged the itself in terms of its contribution in various decisions regarding bills and need of effective parliamentary system, 'which will be formed democratically legislative issues. The members of Rajya Sabha served on different Parliamentary and will deliver its functions for the common people. Although, the idea of Committees of social importance, which has long lasting influence on Second Chamber was in existence during British Rule, its lookout remained policymaking. Through their splendid performance, these members have proved entirely different in the sense that it was not federal and used as a means that the wealth of knowledge and experience is relevant and vital in governance. sometimes to overrule the decisions taken by the representatives elected directly; The examples cited by the distinguished speakers during the Seminar and this was possible then because most of its members were government deliberation clearly brought out the fact that while adopting innovative moves, nominated. On the contrary, our freedom fighters always emphasized the need Rajya Sabha greatly strengthened the basic role of the Parliament in Indian for a 'federal chamber', which portray the unity in a single House, representing polity. It has also played its role to various acts as a safety valve against any members from different regions of the country, thus demonstrating diversity in error of judgments and scrutinised any such legislations forwarded by the Lower House, performing its role as a revisory chamber. Apart from contribution in law • Shri Vasant A. Matsagar, PG Nominee (DGSC), making, the other important functions, that Rajya Sabha has focused attention Indian Institute of Technology Bombay -

Rajya Sabha in Indian Polity 95 94 Role and Relevance of

their respective fields but cannot make it to the policymaking gets the best on, are the matters of public importance, as can be observed from the discussions platform therein at Rajya Sabha. when RajyaSabha was in session. These masterpieces of thoughts while affecting the policies of Government and administration, also have provided a forum for In his excellent discourse during the proceedings of the Seminar airing the public grievances. In such a perspective, it ismeaningful tocontemplate Honourable Chairman of RajyaSabha, Shri BhaironSingh Shekhawat, illustrated over the relevance of Rajya Sabha in present socio-political scene. evidently that the people observe, how far the proceedings in the House are relevant for their welfa're and accordingly foresee the quality of governance. Relevance of Rajya Sabha Thus, effectiveness ofproceedings in the House becomes a mirror of functioning of the democracy in general and the government in particular. Sinceits inception, In our social structure in India, we always seek guidance ofelderly persons the functioning of RajyaSabha has been marked by dignity and the discussions within and/ or outside the family while deciding on matters of vital importance. on the floor of Rajya Sabha remained teaching lessons to the administrators. The example of such elderly governed system is seen at the village level where Indeed, the deliberations in the House have always been guided by long-term the panel, Panchayat, constitutes of old persons with lifetime experience; and vision for growth and development in the larger interest of the people. Such the judgement of this panel is treated as the last statement within the locality. If reasoned and dignified debates owe to the complexion of this House having seen even at the level of the Indian family, the earning person runs the whole specialists with varied professional experience. RajyaSabha has indeed carved family,executesthe familysystem, however for directives and suggestions related out an important place in the Indian parliamentary set-up through its dignified to the family matters rely upon grand parents. When it comes to resolution of atmosphere, which has been sustained by the towering personalities of those family disputes, it is an established fact that whatever judgement the grand who adorned the offices of Chairman and Deputy Chairman. Out of ten parents give is accepted and respected by all, as it is always considered unbiased Presidents that India has had so far, seven of them had earlier served as the and honest. In my view, more or less similar role is entrusted upon the Rajya Chairman of Rajya Sabha. In addition, the Rajya Sabha members serving as Sabha in Indian democracy reflecting its relevance even in today's world. Cabinet Ministers and Ministers of State,headed several important departments in the government like Home Ministry, Finance, etc. on many occasions. Our country is apportioned into different states and territories based upon Examples of member of RajyaSabha becoming the Prime Minister of India also diversities in language, culture and customs. RajyaSabha, which is also termed clearly bring about the fact that the House has a significant role to play in as Council of States, represents the unity of our country. The population-based Indian polity. allocation of seats in Rajya Sabha provides centralised platform for participation from various parts and segments of India. Few Rajya Sabha As repeatedly remarked by the distinguished speakers, namely members are nominated by the President; whereupon those who have Honourable Prof. Madhu Dandavate, Shrimati Rama Devi and others based on specialised expertise in different fields of life,but are away from active politics, the records of past sessions, Rajya Sabha played its crucial role in ensuring the receive chance tomake policies amenable and relevant to those respective fields. harmony while critically and meticulously reviewing the bills presented on the The complexion of Rajya Sabha is basically sort of predetermined, in a sense floor. The House discussed upon these bills and when these discussions are examined through, it is sincerely felt that these debates in Rajya Sabha were that only personalities with proven abilities find a place here. The dignity of beyond the party politics, and lead to the facts/. truths truly in an unbiased Rajya Sabha is as such aided by providing opportunities to persons having manner. Although this may have put the decisions into delay but tremen'dously special knowledge and experience in various fields of activity, who have helped in pinpointing and sharpening the policies. There were occasions when contributed towards nation-building and socio-economic reconstruction of the the bills passed in Lok Sabha were even d,ifferedin Rajya Sabha. society. Many eminent persons from different walks of life have served as members of RajyaSabha in the past. Among them, we find a galaxy of scholars, The relevance of Rajya Sabha is also clear from the fact that when there educationists, historians, researchers, scientists, artists, poets, litterateurs, had been difference of opinion between the two Houses~Lok Sabha and Rajya jurists, engineers, lawyers, doctors, economists, administrators and social Sabha'ron certain bills, the common sessions were called upon to resolve these workers of outstanding eminence. Thus, the expertise of those who excelled in -

96 Roleand Relevance of Rajya Sabha in IndianPolity 97

issues and decisions then were taken through consensus. This isalso a testimony through its functionalities, the issue of transformation fades away. In the present of congenial relations and functioning between the two main pillars of Indian political scene, the role of Rajya Sabha becomes more relevant and effective in democracy. Although Rajya Sabha has limited role to play in the financial meeting the existing and future challenges that confront India, such as when matters, it has played a phenomenal role in debating upon the union budgets, there is no single party with majority, rules the House. which need to be presented before the Rajya Sabha too, along with the Lok Sabha. It is learnt from the talks of eminent parliamentarians here during the Nonetheless, in fact both the Houses of the Parliament, Rajya Sabha and Seminar deliberation that in an attempt to evolve an internal self-regulatory Lok Sabha, the temples of Indian democracy, performed a paramount and mechanism the Ethics Committee was formed in the Rajya Sabha on 4th March leading function in the country deciding major policies and giving a lead to the 1997to act as an instrument to ensure value-based politics. country. Moreover, it is the success of the policy of bicameralism that we have adopted for our parliamentary democracy and also the success of our democracy It is commented many times that the Rajya Sabha cannot make or unmake itself. Making re-evaluation while meticulously assessing the sessions of both the government and hence a superfluous body. Constitutionally, this may be the Houses, will further confirm public belief in our parliamentary democracy in true that the Rajya Sabha has no role to play in formation and dissolution of India. It is this tradition and culture of Rajya Sabha that the coming generations governments, however, as a deliberative body it definitely has a role to play in have to inculcate in future. Hon'ble Dr. (Smt.) Najma Heptulla in her the very existence of particular government to remain in power. For instance, distinguished talk rightly represented the feelings of esteemed people of this the sensitive issues of national or international importance when brought House, who expect that the revered traditions ofRajya Sabha be carried forward forward on the anvil in Rajya Sabha by its elite members, it also attracts the so that the momentum of democratic advancement of our country is further attention, eventually resulting in a concurrent debate in the Lok Sabha which brightened up. is concerned with government making and unmaking. The opposition party in Lok Sabha enjoys using the concerns raised in Rajya Sabha against the ruling Closing Remarks party. At the outset, it can be concluded that with its federal status the Rajya While discussing the importance and relevance of Rajya Sabha one point Sabha has remained highly instrumental in policymaking and governance. The is worth paying attention. It was said that influential political personalities Rajya Sabha has made its impression of giving depth and content to the who have been rejected by the people in the elections should not find Rajya principles of bicameralism in theory and practice. The concept of House of Sabha as a backdoor entry into the governance. However, there is an other aspect Elders is rooted deeply in our nation's traditional family system of respecting, related to it.Although indirectly electedmeaning thereby through limited number consulting and obeying the persons of experience and wisdom. And therefore, of electors, these members are also 'elected'. In addition, one of the intent behind in the contemporary socio-political scenario as well Rajya Sabha is highly setting up of Rajya Sabha, as pointed out earlier, is to facilitate contributions relevant and stands high in its role model. from politically unversed personalities.

Another crucial issue amongst our debators was, whether it is the need of the time to transform from the original concept and ideologies in case of Rajya Sabha. Here, we need to ponder, whether it served the purposes it was intended to, and this was discussed at length during the deliberations and mentioned hitherto. It is distinctively clear that Rajya Sabha has proved its worth since its inception; it has played a significant monitoring, deliberative and parliamentary role. It marked the success of bicameralism in India and established itself as a democratic institution of relevance to the society and our democratic system. With more and more participation received from Rajya Sabha in nation building -

RajyaSabha in IndianPolity 99

and the Secretary-General, Rajya Sabha, Dr. Yogendra Narain. The lighting of the lamp by the hon'ble Chairman, Rajya Sabha, followed it. AN ENLIGHTENING AND WONDERFUL EXPERIENCE' The welcome speech was delivered by Dr.Yogendra Narain. It was really The 200th Session of Rajya Sabha was celebrated during the Winter Session interesting to know how the two House system emerged in India. In 1927,the in December 2003. Certain programmes and activities were organized to Swaraj Constitution proposed by the Committee headed by Motilal Nehru commemorate the occasion. As a corollary to that, a Seminar on the theme "Role advocated a legislature with two Chambers for independent India. The and Relevance of Rajya Sabha in Indian Polity" was organized in collaboration Secretary General explained the idea behind conducting such a Seminar in which renowned and outstanding personalities from different walks of life had been with the Indian Institute of Public Administration on 14 December 2003 in the invited to express their valuable ideas. The aim of the Seminar was two-fold: Main Committee Room, Parliament House Annexe. Eminent speakers from awareness creation and self education. 'Awareness' among those who see different walk of lifenamely, Prof. Madhu Dandavate, Shri Era Sezhiyan, Shri P. Parliament from the prism of the outside world and who are going to be the Shiv Shanker, Shrimati V.S. Rama Devi, Shri L.M. Singhvi, Shri Harish Khare, leaders of tomorrow - the youth; and 'self education' for those who live in the Shri Ranganath Misra, Shri Kuldip Nayar, Shri R C. Tripathi and Prof. (Smt.) world of parliamentary life and would like to learn from the experiences of Noorjahan Bava spoke in the Seminar. Eighty-six students from the Central those who have preceded them in this vocation. In his own words: Universities, IITs and IIMs were invited to witness the proceedings of the Seminar. To understand the importance of the Rajya Sabha, to comprehend its evolution more critically and appreciate the challenge confronted Introduction by it, this Seminar has been organized on the historic occasion of the 200th Session of Rajya Sabha. Constitutionally, our Parliament means the two Houses and the President of our Republic. Referred to as the House of Elders, the Rajya Sabha has He warmly welcomed the outstanding and renowned speakers and the provided seasoned political leadership to the country. Ever since its first session eminent parliamentarians who in spite of their heavy load of work relating to in May 1952, Rajya Sabha has been an equal partner in strengthening the the then ongoing session of Parliament found time to attend the Seminar. He glorious traditions of our parliamentary democracy. The Second Chamber also informed that the Central Universities such as JNU, BHU,Jamia Millia Islamia, acts as a safety valve against any error of judgement in legislative work. Rajya University of Hyderabad, Pondicherry University, Aligarh Muslim University, Sabha has the privilege of having distinguished nominees as its members who Ambedkar University, Lucknow and Viswa Bharti Shantiniketan had sent have enriched the debates in the House with their experience over the last 50 41 students. He had great pleasure in announcing that there were 33 students years. The Rajya Sabha has played a critical role in addressing some of the from IITs from Roorkee, Chennai, Delhi, Mumbai, Guwahati, Kanpur and major societal issues concerning especially judiciary, women welfare, Kharagpur. Also, students from Indian Institutes of Management located in healthcare, property, social relationship, etc. These are very well articulated in Indore, Ahmedabad and Lucknow were present in the Seminar. He extended a many of the well-treasured publications of the Rajya Sabha and have had very warm and special welcome to all the students from such prestigious salutary effects on our post-independence society. educational and technological institutions.

The Seminar The speech was followed by release of books by hon'ble and Chairman, Rajya Sabha and the hon'ble Deputy Chairman, Rajya The Seminar started at 10:30 a.m. with the arrival of the hon'ble Vice- Sabha Dr. (Smt.) Najma Heptulla. The titles of the publications were: Socio- President of India and Chairman, Rajya Sabha, Shri Bhairon Singh Shekhawat economic Profile of Members ofRajya Sabha (1952-2002), Private Members' Legislation, Women Members of Rajya Sabha and Humour in the House -" A glimpse into the * Sarvashri Kapil Varshney. Amit Bansal, Anshul Agarwal. Rahul Kumar and Aditya Kumar. enlivening moods of Rajya Sabha. On the request of the students, one copy each of Indian Institute of Technology. Kanpur the book Humour in the House - A glimpse into the enlivening moods of Rajya Sabha was distributed to the students. Next there was an inaugural address from -

100 Role and Relevance of Rajya Sabha in IndianPolity 101

Shri Bhairon Singh Shekhawat. It was very educative and he appealed to the near fuhlre. He made a request to the government in regard to the Election students to take the responsibility of the nation's growth in the coming years. Commission of India and the dissatisfaction of the people with the Commission. Here is an excerpt from his speech: He finished with the hope that Rajya Sabha would play an important role in these issues as it had done in the past. Dear students, I am happy to see you here in good number. You, the youth of the country are going to be the builders of the developed Shri Ranganath Misra, former ChiefJustice of the Supreme Court said that India. You have the responsibility to further strengthen the roots of Rajya Sabha as a Second Chamber, has to be seen as an important constituent of democracy in our country. You have also the opportunity to make the Indian Parliament like the Senate in America. Commenting on the role of our democracy not only the largest in the world but also a great Rajya Sabha, he stressed on the fact that Rajya Sabha had helped in generating democracy by building a strong and powerful India. Ihave an abiding the feeling of nationality. According to him, the interaction with the students faith in the destiny of our country. I am sanguine that with was very useful as it helped in idealizing and scrutinizing the present system. commitment, motivation and hard work, you shall definitely build a fully developed India of our dreams. After a short break for tea the Seminar continued with its fuJIflow. Shri P. Shiv Shanker discussed the maturity of the Rajya Sabha. He also hit upon certain According to him, poverty alleviation, population stabilization, electoral constihltional amendments. Then Shri Kuldip Nayar took over the proceedings. reform, speedy justice, national security were such areas which needed fast According to him, the relevance of RajyaSabha became more significant in view track action based on consensus. It was essential to evolve an approach of action of the fact that it was a permanent house as compared to Lok Sabha which could in respect of such important national issues based on consensus not 'only be dissolved depending on the political situation in the country. Therefore, the amongst political parties but also between the Centre and the States. He also discussions in the Rajya Sabha were done with full responsibility even if it did hoped that through serious discussions, deliberations and constructive debates, not have executive powers in some matters. Rajya Sabha would make positive and specific recommendations on new strategies and programmes for appropriate legislative and executive follow- After this dynamic speech, Shrimati V.S. Rama Devi, former Secretary- up-action. He finished with the hope that the deliberations in the Seminar would General, RajyaSabha gave a new turn to the Seminar. She focused on the duties be enlightening, purposeful and productive. of the Parliament, the resolutions and the discussions that were done in the meetings. She cited examples of issues like.The Hindu Marriage and Divorce After the inaugural speech, the Seminar took off with an interesting and Bill, 1952; The Child Labour Bill, 1986; The Transplantation of Human Organs humorous speech by Prof. Madhu Dandavate. He had been a freedom fighter Bill, 1994; The Marriage Laws (Amendment) Bill, 1999; etc. which spoke of the th th th th and a member of the 5 , 6"', 7 , 8 and 9 Lok Sabha. Throughout his speech comprehensive vision of Rajya Sabha in taking appropriate measures for the he cited different anecdotes from his own experience of Indian Parliament. He welfare of the underprivileged and the needy. She hoped that RajyaSabha would stressed that in the current form of Indian society the Rajya Sabha is continue to do the good work. Then Shri Era Sezhiyan, member of the 3'd, 4th indispensable. Over the years, Rajya Sabha has assumed a more dynamic role and 5th Lok Sabha and member of Rajya Sabha from 1978-1984, took over and in deliberating issues of common concern and bringing legislations of far started off with his experiences in Rajya Sabha. He enjoyed his term at Rajya reaching significance. ll1en Dr. L.M Singh vi, former High Commissioner to Sabha much more than that in Lok Sabha and it was mainly because the Rajya the UK and member of the 3,d Lok Sabha took charge of the Seminar and cited Sabha is more generous (in a lighter vein).He urged the students to be responsible specificexamples in which the role of Rajya Sabha was critical. He was followed 'citizens and finished with the following quote: "Many of us got eyes but very by Shri Harish Khare, Associate Editor, The Hindu. He started off with the few of us got visions." From here on, civilservant and former Secretary-General, quotation: RajyaSabha, Shri R. C.Tripathi set forth some examples to show the important role of the House. It was the Rajya Sabha, which first formed a committee to Don't frisk him, he is not carrying any weapon, frisk his mind. put a check on the ethical conduct of the members. Last but not the least, Prof. Noorjahan Bava of Delhi University praised the Rajya Sabha Secretariat He brought to attention the issues like water facilities to the countrymen for conducting such a useful Seminar. According to her, the Seminar would in view of the prediction by experts that the water conditions will be worse in the definitely create awareness amongst the student community. She then discussed -

Rajya Sabha in Indian Polity 102 Role and Relevance of 103

the importance of the Indian Constitution and commented that Rajya Sabha had Sabha in her tenure as Deputy Chairperson of Rajya Sabha for the last 16years. Also, we happened to meet people f,om various other institutes. It indeed done its job as mentioned in the constitution. She congratulated the Deputy was a nice experience to interact with them. Just that we didn't get a chance Chairperson Rajya Sabha and the members of Rajya Sabha for the commendable work done since its formation: to put forward our viewpoint as the interactive session was scrapped due to lack of time. Still in all it was a great experience. The next scheduled item was an open house discussion but because of Rahul Kumar (Y0253): the time limitations, this part was scrapped and the Seminar was formally ended with an educative speech from Dr. (Smt.) Najma Heptulla. She shared some of The Seminar organized on the "Role and relevance of the Rajya Sabha in her experiences as the Deputy Chairman of the Rajya Sabha. It was very Indian Polity" was a learning experience for me. We had the opportunity interesting to hear some of her hard times when she was the presiding officer. to listen to some of the most eminent speakers from various fields. The She had to make some tough and clever decisions at certain times. She also speakers emphasized the role of the Rajya Sabha as an evaluative body spoke about the joint meetings of the Rajya Sabha and the Lok Sabha, which and as a model for legislative deliberation. The Rajya Sabha as a federal again highlighted the role of Rajya Sabha. She thanked the guests and the chamber represents the federal ethos of India. It is there to delay legislation students for taking part in the Seminar. She urged the students to come forward and not to clog it as is generally understood. It is there to make sure that and be a part of the Indian political system since fresh blood can bring about the any mistake in the legislation gets a chance to be corrected. Further, it can much needed positive changes in the system. take up issues which cannot be taken up by the Lok Sabha due to shortage of time. The Rajya Sabha serves as a chamber of ideas and as a platform for A nice lunch and a very informative guided tour of the Parliament mature discussion. Being a permanent body it has a great responsibility if followed this. the Lok Sabha is dissolved. Honestly speaking, before going to the Seminar I had my doubts about the relevance of the Rajya Sabha but this Seminar Conclusion has managed to change that. I had also expected the discussion to be a serious one but it had its lighter moments too which managed to bring a The aim of the seminar was completely fulfilled. It was very rightly said smiie on everyone's face.Dr. (Smt.) Najma Heptulla gave the closing speech. in the beginning that the discussions of a Seminar of this stature had to be She urged the young blood to come up and play an active role in Indian shared by students of our country on whose shoulders the future of our country politics. The one thing that I really missed was the Open House discussion, rests and who must understand the functioning of Parliament in proper which had to be cancelled due to shortage of time. Overall it was a very perspective. After the Seminar the students appreciated this move by the Rajya enjoyable session and I hope that students will be invited in some future Sabha as it helped in understanding the working of the House in a better way, Seminars too. more importantly, from the people themselves who have been involved in the system throughout. Anshul Agarwal (Y0057):

. Comments My experience of the complete Rajya Sabha tour was wonderful. The Seminar involved general discussion on "Role and Relevance of Rajya Amit Bansal(Y0031): Sabha in Indian Polity". It included many prominent politicians including the Chairman and the Deputy Chairman of Rajya Sabha. I liked chatting It was an enlightening experience to visit Rajya Sabha. I got to meet and with them during off hours of the Seminar i.e., during tea and lunch session. listen to people who have been part of Rajya Sabha since last so many All the delegates were sharing their life experience with the students. I years. Listening to their views and the instances that they told us helped found this tour as another platform where I could meet students ,from,other us in knowing about the proceedings of the Rajya Sabha. I came to know reputed institutes and central universities. We shared our experiences which about the significance and the critical role which Rajya Sabha has played included discussion over various issues. Overall, I found this tour a over the years in the development of the nation. Also Dr. (Smt.) Najma complete success. It really added to my life! Heptulla shared with us some lighter moments and happenings in Rajya -

Rajya Sabha in Indian Polity 105

In the seminar, Prof. Madhu Dandavate, Dr. L.M. Singhvi, Shri Harish Khare, Shri Ranganath Misra, Shri P. Shiv Shanker, Shri R.c. Tripathi, Shrimati V.s. Rama Devi, Shri Kuldip Nayar and Prof. (Smt.) Noorjahan Bava AN EDIFYING EXPERIENCE' were some of the illustrious names who threw focus on the functioning of the Upper House and its important role in our constitutional mechanism. Making When I participated in the "Youth Parliament Competition" sponsored a comparative analysis, Dr. L.M.Singhvi said, "Rajya Sabha and Lok Sabha are by the Ministry of Parliamentary Affairs, New Delhi for the first time, I had not like twin pillars of the Parliament where both are equally important." Of the even imagined that one day I would get a golden opportunity to participate in view that the description of the Rajya Sabha is misconceived as the 'House of a prestigious seminar organized on the theme "Role and Relevance of Rajya Elders', he further said, "while the Council of States could not bring down a Sabha in Indian Polity" on the occasion of the 200'h session of Rajya SabIn government, it made a valuable contribution through meaningful deliberations." The Seminar that continued for nearly four hours not only enlightened me with the valuable thoughts of the men of letters who had come from different walks of The seminar was convened by the RajyaSabha Secretariat in collaboration life but it also fulfilled my aspirations of wanting to meet them personally. with the Indian Institute of Public Administration (lIPA). Many eminent Undoubtedly, it was a wonderful experience that left an indelible print in my personalities participated in this seminar - the Vice-President of India and mind. Chairman of Rajya Sabha Shri Bhairon Singh Shekhawat , Deputy Chairman of Rajya Sabha Dr. (Smt.) Najma Heptulla, the then Leader of the Opposition in Once the Seminar was over, the first person whom Igot the opportunity to Rajya Sabha and former Finance Minister Dr. Manmohan Singh who has now meet was Dr. Manmohan Singh, who is also known as the propounder of the become the Prime Minister of India, reputed jurist and former High new economic policy in India. His simplicity, scholarship and magnificence Commissioner to the U.K. Shri L.M.Singhvi, renowned journalist Shri Kuldip were already known to me and the way he spoke to me did not make me feel Nayyar, former Chief Justice of India and Chairman of Human Rights that he was unacquainted with me. At that time I had no inkling that I was Commission and former member of Rajya Sabha, Justice Ranganath Misra and meeting the future Prime Minister of India. Thereafter, I talked to Dr. (Smt.) many other dignitaries. Besides them the seminar was also attended by 83 Najma Heptulla whose affable personality deeply impressed m.e. I was students from different reputed Central Universities, Indian Institutes of fortunate enough to meet personally the famous journalist and Rajya Sabha Management & Indian Institutes ofTechnology. It was indeed an unprecedented member Shri Kuldip Nayyar, a senior statesman Prof. Madhu Dandavate and experience. other well reputed personalities about whom I had heard and read a lot in print and electronic media. It would be no exaggeration to say that the Seminar was Inaugurating the seminar on "Role and Relevance of RajyaSabha in Indian an edifying experience. Polity" held in the Main Committee Room, Parliament House Annexe, New Delhi, Shri Bhairon Singh Shekhawat stressed on the need for redefining and After lunch, all the students were taken to the Parliament House on a reorienting the role of the Upper House of the Parliament to make it more show-round. Speculating on the magnificent architectural construction, I came .relevant and effective in meeting the present and future challenges that confront to realize that the Parliament House is not only a monument but also a symbol India. Also, according to him, "the Rajya Sabha should set high standards for of the unity and integrity of India. It would always remain a source of other elected bodies to emulate; partic~larly the state legislatures and zilla inspira tion of love for the nation and pa triotism. parishads". On this occasion he released two books - Socio-Economic Profile of Members of Rajya Sabha (1952-2002) and Humour in the House: A glimpse into the Lastly, I would like to express my deep sense of gratitude to the Rajya enlivening moods of Rajya Sabha. The Deputy Chairman, Dr. (Smt.) Najma Sabha Secretariat for giving me this opportunity to participate in this distinct. Heptulla also released two publications of the Rajya Sabha. Seminar which has been an honour for all the students who participated in it. I hope that in future too, such type of programmes will be organized in which the students will also be given a chance to express their thoughts. It would • Kum. Arti Nirmal, M.A.- I (English). Banaras Hindu University. Varanasi inspire them to perform an active and positive role in the interest of the country. Rajya Sabha in Indian Polity 107

The discussion on the whole laid emphasis upon the importance of Rajya Sabha for the democratic progress of our country. Everyone clearly agreed A REMARKABLE AND UNFORGETTABLE DAY that Rajya Sabha is a symbol of unity in diversity, of different cultures and IN MY LIFE' heritage. It has efficiently played its role as a deliberative and legislative body. Prof. Noorjahan Bava commented:

When I heard I was selected to attend the 200lh Session of Rajya Sabha, I When our freedom fighter Shahid Bhagat Singh exploded a bomb in the became extremely excited as it was like a dream to me. To go to Rajya Sabha assembly house and did not run away from the police to save his life, he and meet its eminent members was really a great opportunity for me. We was confident enough that he wanted the Government to hear their were five in number from our university and were greeted warmly at the Rail Niwas, New Delhi. grievances. Thus the bomb was exploded to make the deaf hear.

The same morning at9.00 a.m. we were taken to Parliament House Annexe Those speakers who were members of Rajya Sabha pointed out that by bus which was arranged by the Rajya Sabha Secretariat. We were then 'discussion' and 'awareness' were the most important aspects of democracy, escorted to the Main Committee Room. There were about 80 students from which Rajya Sabha fulfilled satisfactorily. Besides,the members of RajyaSabha, different organizations and institutions present in that hall. Wegladly received who were nominated on their individual merit were mature and capable enough the gift packs of Rajya Sabha and other parliamentary publications arranged to discuss regional and national issues. They were really serving the common by the Rajya Sabha Secretariat. masses in a desirable manner and hence, Rajya Sabha could take the lead to work in the interest of the deprived sections of society and other social work. At about 10.30a.m. the hon'ble Vice-President of India and Chairman of Rajya Sabha, Shri Bhairon Singh Shekhawat arrived. He was received by the In between the Seminar we even had a tea-break and lunch afterwards. hon'ble Deputy Chairman, Dr. (Smt.) Najma Heptulla and the Secretary- After this meeting we were taken on a show-round of the Parliament House General, Dr. Yogendra Narain. Thereafter, the Vice-President lighted the lamp. where the Secretariat Officers explained to us about the parliamentary The programme began with a welcome address from the Secretary-General of procedures of the House. Finally, we were dropped back to the Rail "Niwasby Rajya Sabha. Afterwards, the Vice-President and the Deputy Chairman bus. The 141h of December 2003 has remained a remarkable and unforgettable released four books of which one was called Humour in the House: A glimpse day in my life forever. into the enlivening moods of Rajya Sabha. The Vice-President gave the inaugural address to us. Jai Hind.

The actual Seminar started at 11.00 a.m. and its topic was - 'Role and Relevance of Rajya Sabha in the Indian Polity'. There were many eminent figures from different spheres of life - academicians, journalists, jurists, parliamentarians and former Secretaries-General-who spoke in the Seminar. Among them were Prof. Madhu Dandavate, Dr. L.M. Singhvi, ShriHarish Khare, Shrimati V.s. Rama Devi, Prof. (Smt.) Noorjahan Bava, Shri Kuldip Nayar, Shri P.Shiv Shanker and to my greatest pleasure, our recently elected Prime Minister, Dr. Manmohan Singh.

, Ms. Merry Saha, B.A.(l'art-III), English Hans., Vasant Kanya MahavidyaJaya, Banaras Hindu University, Varanasi -

Rajya Sabha in Indian Polity 109

The Rajya Sabha may be a Second Chamber but functionally, many laws have been passed in Rajya Sabha, which are in the interest of the weaker sections of our society. The formal presentation of legislations in Rajya Sabha such PLA YING AN EFFECTIVE AND BALANCING ROLE as the Medical Termination of Pregnancy Bill, 1969, the Marriage Laws IN OUR DEMOCRATIC SYSTEM' (Amendment) Bill, 1999 and the Hindu Marriage and Divorce Bill, 1952, etc., shows the sensitivity of the House to women related issues. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment RajYil Sabha, the Second Chilmber of Parliament was established on Bill, 2001 in the Rajya Sabha acknowledges the reality that a girl child is not 3 April 1952. It is also known ilSthe Council of States. It represents the federill even safe in her mother's womb. charilcter of our polity. During the last 50 yeilrs, RiljYilSilbha has come forth as a parliilmentary institution of great repute, which has vastly contributed to . There are several other areas where Rajya Sabha is having equal powers democracy, acting as the representative of the millions of our country. With Lok Sabha. During national and financial emergencies and the br~akdown of the constitutional system in a State, Rajya Sabha has equal powers One of the objectives of having an Upper House was to give opportunity With Lok Sabha. Indeed, Rajya Sabha has special powers in regard to the for the representation of eminent people who have special knowledge and dismissal of an Assembly and the creation of one or more All India Service. practical experience in various fields of literature, arts and science ilnd thus Rajya Sabha also has restricted powers in financial matters. facilitate qualitative debate. The functioning of Rajya Sabha hilS been marked by dignity and remarkable sensitiveness to public opinion. Many eminent Women members of the Rajya Sabha have made notable contributions to personalities from different fields have served as members of Rajya Silbha. the parliamentary business. Smt. , the first woman Prime Minister They are a galilxy of scholars, educationists, historiilns, scientists, artists, poets, of India was a member of Rajya Sabha, when she became Prime Minister for litterateurs, jurists, engineers, economists, administrators and social workers. the first time. Dr.(Smt.) Najma Heptulla has the honour of being the longest Rajya Sabha cannot milke or unmilke the government. However thilt serving Presiding Officer of the Upper House. She was also the first woman the government is equally ilccountable to both the Houses become quite President of the Inter-Parliamentary Council of the Inter-Parliamentary Union apparent when the party in power does not enjoy majority in Rajya Silbha. (J.P. U.). Some times there milYarise il conflict between the two Houses. In the Cilseof a Money Bill, Lok Sabha clearly enjoys primacy over Rajya Sabha. However, . During the span of fifty years, Rajya Sabha has played a distinguish~d there is no provision for resolving il disagreement if it arises between the two role as a deliberative body and as a revisory House. It has played an effective Houses in regard to a Constitutionill Amendment Bill.On four occasions, RajYil balancing role between the government and the opposition as per the norms of Sabha has positively played its role as a constitutional body. a true and practical democratic system, which was the dream of the father of our Constitution, Dr. Babasaheb Bhimrao Ambedkar. In case of a dispute in enacting of ordinary law between the two Houses, there is a provision in Article 108 of the Constitution for the joint sitting of both Houses. There have been three occasions in the past when the Houses of Parliament hild met in a joint sitting to discuss the Dowry Prohibition Bill, 1959, Banking Service Commission (Repeal) Bill, 1977 and recently, the Prevention of Terrorism Bill,2001. So the legislative function of the Rajya Sabha is of immense importance.

""Shri Dilip Kumar Jauhar, Ph.D. Scholar, Department of History, Babasaheb Bhimrao Ambedkar University, Lucknow

• ,.- ~~. [.' .~. Rajya Sabha in Indian Polity 111

educated. Considering this, is there any hope for the country? How do we change the trends and bring more and more young people into the system? YOUNG INDIA - WAITING IN THE WINGS' If there were a system which would define an eligibility criterion for the MPs with strict laws on debarring people who are charge-sheeted or have The Day is vivid in my mind. I was in 9thstandard, in my civic class, my criminal records might increase the interest among the young Indians. Also the teacher was lecturing on the Parliament of the country. She suddenly stopped age of the Parliament House is a very big psychological factor that acts .as and asked how many of us would join politics. I was the only one who raised my deterrence. In fact among all the countries that are either on equal grounds WIth hand. She asked me why. I said that I wanted to make India the strongest and the most respect to development or better than Indian, the average age of Indian Par~ament powerful country of the world in all aspects and to achieve this I shall become the PM House must be the'highest. If there were an upper limit to the age of MPs lIke the after 10 years. She laughed and said that even to become the Member of Parliament lower limit, it would give strong signals about the professionalism of the system. I will have to wait for another 13 years as the minimum age is 25 years and probably even longer for becoming the PM. Also the young citizens should be educated of their responsibilities of the country even while they are in schools. Regular events like this Seminar should From there to the day I entered the Parliament House complex during the Seminar conducted to celebrate the 200'hsession of the Rajya Sabha, it's been be conducted, where the students and young people get to know the system quite a journey. The dream was buried in the grinds of normal expectations from and understand its nitty-gritty. The students being invited to meet the top parents, teachers and friends and was rekindled when I entered the Lok Sabha. leaders of the country and being given the opportunity to interact with them But I really don't know if I will ever ~ake an effort to turn it into reality. The will definitely help in creating role models in the young minds that they will following paragraphs probably to some extent give the reason for this. try to emulate. Hopefully, it will be then that we can say India has dawned to t~e twenty-first century in the true sense as its young are willing to shoulder Its The young citizens of India today feel that the politics of the country is burden and carry it forward to higher heights of achievements. controlled by an elite few and hence they see politics with growing disenchantment. These elite few are considered as either people who belong to the family of the existing politicians or people with money and power. The belief that all politicians are corrupt is as common as the air on the planet itself and to consider the profession as a career option is thought blasphemous.

If we look back at the 1950s and the time of our iridependence, most of the politicians were very educated and were considered statesmen in the true sense. They were people of the highest moral order and it was considered sacrilegious among them to put anything other than the country, first. Fast-forward to the today's world and the story is diametrically opposite. The number of politicians who can share the dais with those great people of yesteryears can be counted on fingers of one hand; forget about even considering the present lot in the same league. Couple this with the criminal records and the innumerable scams associated with today's politicians and we have the perfect driving force for further pushing down the image of the profession among the young and the

• Shri Vikas Goyal, OMS, Indian Institute of Technology, Delhi •

Rajya Sabha in IndianPolity 113

the Chairman and the Deputy Chairperson of the Rajya Sabha released four publications brought out by the Rajya Sabha Secretariat. These publications included: Socio-economic Profile of Members of Rajya Sabha (1952-2002); Private AN EXPERIENCE OF A LIFETIME' Members' Legislations; Women Members of Rajya Sabha; and Humour in the House: A glimpse into the enlivening moods of Rajya Sabha.

The 14th December 2003 was just like any other Sunday. But when I was awakened by the bright rays of the morning Sun at about 7:30a.m., I was feeling The lectures delivered in the Seminar were very thought provoking and terribly excited. The reason was not far to seek. It was the day when the offered a wealth of information on the Constitution of India, bicameralism as institutional embodiment of our democracy and the sovereign authority of our practised in India and elsewhere as well as the day-to-day functioning of the people, the Parliament of India, had thrown open its doors to the students. House of Elders. The hon'ble Deputy Chairperson had the entire gathering up And I was one of the few lucky ones who had been given this rare opportunity. in roars when she mentioned as to how they inform certain senior members of In all, some eighty odd students had been invited from the Central Universities, the House beforehand about the pending (pre arranged) pandemonium so that the Indian Institutes of Technology (IITs) and the Indian Institutes of they can make arrangements well in advance. In the same vein, she cautioned Management (IIMs).The occasion was the 200th session of the Council of States her colleagues to be carefullest they divulged certain well-kept secrets of the or the RajyaSabha (as itis more commonly referred to).The eventwasa Seminar House before the Secretary-General of the Lok Sabha (who was also present on on the theme "Role and Relevance of Rajya Sabha in Indian Polity" organised the occasion). Dr. Heptulla also issued one of the most moving statements, by the RajyaSabha Secretariat in collaboration with the Indian Institute of Public when she asked with her usual innocent flamboyance "Why are you young Administration at the Main Committee Room in the Parliament House Annexe. folks always full of hatred for us politicians? What have we done to deserve your hatred?" This statement really had me thinking as to why I have always The delegation from the IIT Delhi (ofwhich I was a member), reached the considered poli!ics to be a dirty game, which is not to be played by any clean venue well before the stipulated time of 10.30 a.m. After the normal security and honest person. Here I was, with some of the longest serving politicians check up at the gate, we were led into the Parliament House Annexe where an and they were as much clean and honest as any of us. I feel that we citizens exhibition was on display. The pictures and words of some of the pioneers of should not blame the entire political class because of the errors committed by a our democracy like Dr. S. Radhakrishnan, Pt. Jawaharlal Nehru and others few. Also, it was heartening to know that Dr. Heptulla had been elected as the were really moving and kindled a profound sense of patriotism in all of us. President of the Inter-Parliamentary Union (IPU) which was a historic Inside the Main Committee Room, the seating arrangement was very systematic. achievement as it was for the first time in the annals of IPU that a woman had Each institution had been allocated five seats and the name of the institution been elected unanimously as the President. was displayed in front of all its allocated seats. After the Seminar, we had a sumptuous feast. I saw that most of the hon'ble At 10.30 a.m., the hon'ble Vice President of India and Chairman of the Members were taking only boiled vegetables but we younger lot tasted all the Rajya Sabha, Shri Bhairon Singh Shekhawat inaugurated the Seminar. After delicious and spicy items except the boiled vegetables. The dessert consisting his speech, the gathering was addressed by several eminent parliamentarians, of pastries and ice creams was also a treat for our taste buds. The feast was academicians, jurists, journalists and statesmen, most notable of them being followed by a photo session. After the photo session we were all taken to the Dr. (Smt.) Najma Heptulla (Deputy Chairperson, Rajya Sabha), Prof. Madhu Parliament House in the buses. We were shown both the Houses, which present Dandavate, Shri Era Sezhiyan, Shri P. Shiv Shanker, Shrimati V.S. Rama Devi, a unique sight. The splendour and the aura of the Parliament are really Shri L. M. Singhvi, Shri Harish Khare, Shri Ranganath Misra, Shri Kuldeep tremendous. We all felt our memories drifting to the nationalists of yesteryears Nayar, Shri R.C.Tripathi and Prof. (Smt.)Noorjahan Bava.To mark the occasion, who had laid down their lives so that our own people could sit in these Houses. I only hope that the persons who occupy these Houses in the times to come , Shri Ainardeep Singh, Research Scholar, Department of Civil Engineering, would be worthy of the sacrifices made by those heroes. Indian Institute of Technology, Delhi

" ,, - ~.....•,. .•. . .•j1 0. • ~r:

114 Role and Relevance of

Finally, I can say that it was really a very enjoyable exercise in which we not only saw some of the most revered leaders but also interacted with them ~nd exchanged views on a number of points. One of the most important Inferences of the day's proceedings was the realisation that dawned upon all of PROVIDING OPPORTUNITY TO WITNESS us that the Rajya Sabha is the embodiment of the federal character of our THE HISTORIC EVENT' Constitution at the national level. Also, we came to know that the Rajya Sabha enjoys certain special powers which are not given to-the Lower House like the resolution seeking the removal of the Vice President (Article 67), creation of Firstly, I would like to thank the Rajya Sabha officials who thought of one or more All India Services like lAS (Article 312) and empowerment of the such.an activity and gave us the opportunity to attend the same. It was an Parliament to make laws with respect to any matter enumerated in the State awesome opportunity for me to see and understand the Rajya Sabha and the List (Article 249). Dr. S. Radhakrishnan, the first Vice President of India and Parliament too. The Seminar and related events did leave an everlasting impact the first Chairman of the Rajya Sabha, while responding to the felicitations of on my political perception and belongingness with the nation and its highest the C6uncil of States on 13 May 1952,defined in broad terms the functions of body. the House and stated "There are functions which a revising Chamber can fulfil fruitfully. Parliament is not only a legislative but a deliberative body. So far as For the first time, I could understand why the Rajya Sabha is called the its deliberative functions are concerned, it will be open to us to make very 'House of Elders' and the role it has played in the Indian democratic polity. I valuable contributions, and it will depend on our work whether we justify this could understand that the members of Rajya Sabha are not just ano~her group two Chamber system, which is now an integral part of our Constitution." In of politicians. The Rajya Sabha has always tried to be above party politics and the first fiftyyears of its existence, the RajyaSabha has engaged itself incessantly has tried to relate to the downtrodden and the weaker sections of the society. to translate the lofty vision of the founding fathers of our nation to action. In After listening to the speakers and especially Dr. (Smt.) Najma Heptulla, the th~ coming times, with the prospects of hung Parliament looming large, the stature of these leaders, their concerns and their ideology became much clear. Ra]ya Sabha would have a major role to play in the governance of the nation. The experience of these leaders and eminent personalities from various sections One can only hope that the Rajya Sabha would continue the good work that it of the society did make them apt for the Elders' House. These elders also have has been doing so far and hence would prove to one and all that it is the second lighter moments during their work; the book, 'Humour in the House: a glimpse and not the secondary chamber of Parliament. into the enlivening moods of Rajya Sabha' very well depicts this. This shows definitely that the parliamentarians are not too different from common man; they also live like the common man, at least some of them. But still, the concern remains that even though so many parliamentarians have been working for the betterment of the society and its people, then why so many people still don't get the basic amenities like food, clothing and shelter even in this era of technological advancements and scientific progress? Have these leaders forgotten the essence of being a parliamentarian and above all being an Indian? Have they forgotten the ideology of Rajya Sabha?

The visit to the Parliament House, the temple of democracy, was another experience of its kind. For the first time in my life,I went inside this House and somehow it made me feel more Indian and understand what exactly it takes to be a parliamentarian. Most of us, the common people, always hate politics

• Shri Manoj jhanwar, Indian Institute of Technology, Delhi 116 Role and Relevance of and the politicians for the kind of image they have generated during the past few years/ decades, but at that point I had respect for them as our leaders.

After coming back to the hostel, I was feeling very fortunate for the PROVIDING A BETTER INSIGHT INTO RAJYA SABHA opportunity I had got to be a part of the celebrations of the 200'h Session of AND THE INDIAN POLITY' Rajya Sabha. I was full of respect for the parliamentarians present at the Seminar, felt proud to be an Indian and to witness such an activity. I would like to The opportunity to attend the Seminar on "the Role and Relevance of Rajya concl~d: by thanking the concerned officials and persons for organizing such Sabha in Indian Polity", as a part of the 200'h Session celebrations of the Rajya an actIvIty. Sabha, was indeed a life time opportunity for someone like me, a student and a young citizen ofIndia. In a time when politics and anything related to politics is considered to be just a topic of discussion at the time of election, by most of the youth of India, such an initiative taken by the Rajya Sabha definitely indicates that there are some politicians and leaders of this age who believe that truly "the youth is the future of India". This step not only gave me a chance to see what exactly Rajya Sabha is... Why the House of Elders? I could associate myself in a better manner than just reading about the Indian Parliament in the text hooks of class VII. As a citizen of the country, I had always looked up to Lok Sabha and could never understand Rajya Sabha more than that any Bill needs clearance from both Houses and no Money Bill is introduced in the Rajya Sabha. Listening to the experiences and the concerns of senior parliamentarians, elderly statesmen and intellectuals of the society, gave me a better insight into the whole system of the Indian polity and the significance Rajya Sabha holds. Over the years, Rajya Sabha has indeed assumed a more dynamic role in deliberating issues of common concern and bringing out legislations of far reaching significance. Active participation of its members in the proceedings of various committees also highlights the expanding role of Rajya Sabha.

After listening to the speeches made by the eminent speakers like Prof. Madhu Dandavate, Shri Kuldip Nayar, Shri Ranganath Misra, Dr. L.M. Singhvi and others, the first thing which came to my mind and others who had accompanied me was that the stature and the respect that these parliamentarians hold was unsurpassable. Their thinking and belief do make them different from the so called "politicians". A personal interaction with Dr. (Smt.) Najma Heptulla and Dr. Manmohan Singh impressed me to such an extent that for a moment I thought of politics as an option for my career, after I graduate. I could very clearly understand that Rajya Sabha has given representation, as Shri Gopalaswami Ayyangar, a legal luminary and a member of the Constituent

, Shri Abhey Kumar, Indian Institute of Technology, Delhi 118 Rajya Sabha in Indian Polity Role and Relevance of 119

Assembly had aptly said, "to the seasoned people who may not be in the thickest And, also that RajyaSabha is the Second Chamber and not a secondary chamber. of political fray, but who might be willing to participate in the debate with an The elders should be more proactive in making the younger ones follow the amount of learning and importance". right path leading to the interests of the downtrodden and suffering sections of our society. The book, "Humour in the House: A glimpse into the enlivening moods of Rajya Sabha" erased the common perception that the politicians are in the I would like to thank the officialsof RajyaSabha who took such an initiative Parliament only to fight amongst themselves, sometimes beating each other and gave us, the students and the youth of India, the opportunity to know the too and breaking benches. Very truly again, the Rajya Sabha is the "House of Rajya Sabha and its members. I do not know the objective of the organizers Elders" who know who they are and the people of India they represent in this behind this activity. All I can say is that this activity has indeed given us better august House. Rajya Sabha has definitely succeeded in combining dignity insight and respect for Rajya Sabha and the Indian polity as well. with intense activity. To some extent, Rajya Sabha has also been able to make its members look above and think beyond party politics.

There were a few questions that arose after the Seminar and after talking to the eminent personalities present. The foremost is that why the Rajya Sabha and also to some extent the Parliament should be a place for debates only? Can we not have a system where it is more than just debating and raising issues, i.e., actual implementation in a better and faster manner. The system which was designed at the time of Independence might have been well thought of and would have surely been able to keep watch and monitor the functioning of the government. So why a large section of society is stilI under the poverty line? Why so many people are not able to earn for their living? Why the difference between the various sections of society is so wide? Why is India shining only for some and not for alI? Probably, because none of us have vision for future and all of us don't think beyond today. These are a few questions to be answered by the Rajya Sabha and some vision needs to be drafted out soon by the seniors and told to us, the next generation of leaders of this nation.

The visit to the Parliament of India, both the Houses and the Central Hall, was another activity which had a great impact on me. I could feel myself more close to the highest body of the citizens of India. I could understand that being a parliamentarian is not just another day to day activity. One has to live up to certain expectations of the peers, the media and above all the people of India. I would like to conclude by saying that this activity taken up by the Rajya Sabha has indeed been successful in spreading some good word about politics as such and making the youth understand the Rajya Sabha better. I would like to sincerely recommend and suggest to the officials to take such steps in future as well so that the people of India can understand the Parliament better and shall look up to it as their own body and not the body of the people they elect.

, Rajya Sabha in Indian Polity 121

youths and self education for those who live in the world of parliamentary life and would like to learn from the experience of those who have preceded them in A UNIQUE AND MEMORABLE EXPERIENCE' this vocation."

The Chairman of Rajya Sabha, Shri Bhairon Singh Shekhawat, observed The 200th Session of Rajya Sabha was celebrated during the last winter that "...public perceptions of the functioning of the democracy is not only based session. Certain programmes and activities were organized to commemorate on the quality of governance provided by the executive but also on how far the the occasion. As a corollary to that, a Seminar on the theme "Role and proceedings in the House are relevant for its welfare. Rajya Sabha has Relevance of Rajya Sabha in Indian Polity" was organized in collaboration performed this role remarkably well, deliberating fruitfully on numerous socio- with the Indian Institute of Public Administration on 14 December 2003, in economic issues and passing legislations aimed at the welfare of the people. the Main Committee Room, Parliament House Annexe. The Vice-President of Rajya Sabha has, indeed, emerged as a front ranking Second Chamber translating India and Chairman, Rajya Sabha, Shri Bhairon Singh Shekhawat successfully the principles of bicameralism into practice." inaugurated the Seminar at 10:30 a.m. Eminent speakers from different walks of life namely, Prof. Madhu Dandavate, Shri Era Sezhiyan, Shri P. Shiv Shanker, Next, the panel which included academicians/ journalists/ jurists/ Shrimati V. S. Rama Devi, Shri L. M. Singhvi, Shri Harish Khare, Shri Ranganath parliamentarians/ former Secretaries General spoke and discussed how the Misra, Shri Kuldip Nayar, Shri R C. Tripathi and Prof. (Smt.) Noorjahan Bava Rajya Sabha represents the federal character of our polity and also how spoke in the Seminar. Eighty-six students from the Central Universities, IITs and functioning within the parameters established by the Constitution, it has during IIMs witnessed the proceedings of the Seminar. A live webcast of the proceedings the past five decades emerged as a parliamentary institution of great repute of the Seminar was made available on the Rajya Sabha Website and was made with proven record of performance which has immensely contributed to accessible directly at http.//www.rajyasabha.nic.in/webcast/rajyalive-jile,html . consolidate democracy, ensure scrutiny of the executive, act as the spokesperson of the struggling millions of our country and above all, live up to the expectations of founding fathers of our republic. Four publications brought out by the Rajya Sabha Secretariat to mark the' occasion were released by th~ Vice-President of India and Chairman, Rajya The issues which came up for a very thought provoking discussion included Sabha, Shri Bhairon Singh Shekhawat and the Deputy Chairperson, Rajya Sabha, some of the following: Dr. (Smt.) Najma Heptulla. The titles of these publications are: (i) Socia-economic Profile of Members of Rajya Sabha (1952-2002), (ii) Private Members' Legislation, • the relevance of an "indirectly elected chamber" in this age of mass (iii) Women Members of Rajya Sabha and (iv) Humour in the House: A glimpse into democracy and direct elections. the enlivening moods of Rajya Sabha. • concern over the role, money power has come to play in the election of A briefing was also done on the automation efforts within the Rajya Sabha candidates. How almost all political parties are now reduced to Secretariat and the use of internet in dissemination of parliamentary selecting those candidates who can finance their way into the Rajya information. Sabha. A consensus WtS formed that this is bound to disturb not only In his welcome'speech, Secretary-General, Rajya Sabha, Dr.Yogendra the representative character of the Upper House but it also defeats the Narain observed that "the aim of the Seminar is two - fold: awareness creation original purpose of having a Second Chamber. and self education. Awareness among those who see Parliament from the prism • the Constituent Assembly had debated at considerable length over the of the outside world and who are going to be the leaders of tomorrow - the desirability of having a Second Chamber. As an example, it was told as to how N. Gopalaswami Ayyangar, who piloted the Second Chamber 'Shri Alankar, Centre for the Study of Law and Governance, motion on behalf of the Union Constitution Committee, succinctly Jawaharlal Nehru University, New Delhi summed up the rationale: "What we really achieve by the existence of 122 Role and Relevance of

this Second Chamber is only an instrument by which we delay action which might be hastily conceived and we also give an opportunity, perhaps to seasoned people who may not be in the thickest of the political fray, but who might be willing to participate in the debate with an amount of learning and importance which we do not ordinarily associate with a House of People."

• how in recent months, the Rajya Sabha did become the voice of sobriety during the POTA debate.

• how bicameralism is an institutional arrangement designed to provide insurance against legislative tyranny of the popular lower chambers. The speakers agreed that this original purpose has more than been justified in recent years, especially now that the same political party / parties does not enjoy a majority in both the Lok Sabha and the Rajya Sabha.

• Despite the impression that Rajya Sabha does not have a say in financial matters as the Money Billsare not introduced in Rajya Sabha, the role assigned to it in this regard is by no means insignificant. The Constitution provides that the Annual Budget of the Union LETTERS OF APPRECIATION Government is to be laid before both the Houses of Parliament and Rajya Sabha discusses the General Budget and the Railways Budget. No money can be withdrawn from the Consolidated Fund of India unless the Appropriation Bill has been approved by both the Houses of Parliament.

It can be said that the Seminar thoroughly discussed how during the span of five decades, the Council of States has played a remarkable role as a dignified, responsive and responsible House. Compared to many other Second Chambers in the world, Rajya Sabha has given a good account of its performance. It has succeeded in combining dignity with intense activity. Rajya Sabha's record in initiating legislative measures is a testimony to the fact that while it may be a Second Chamber, it cannot be treated as a secondary chamber. Numerous legislations have been introduced in Rajya Sabha, the depth and content of which encompassed the interests of the downtrodden and suffering sections of our society.

Last but not the least, the very courteous organisers of the Seminar made possible a trip to the Parliament House for the students attending the Seminar. It was certainly a unique and memorable experience for the students.

" Era Sezhiyan 32-33, TAS Enclave, Former Member of Parliament AK Block, A\managar, Chennai - 600 040.

December 24, 2003

Respected Chairman,

I am thankful for the kind invitation extended to me to participate in the Seminar held recently on 'Role and Relevance of Rajya Sabha in Indian Polity'.

The Seminar was timely on the remarkable contribution made by the Second Chamber in the constitutional and federal structure of the Parliamentary system in India.

The 200th Session of the august House is an historic landmark. The double century on the scoreboard is a remarkable achievement on any count and, that too, with a 'Not Out' position.

As a former Member of Rajya Sabha, I should record my deep appreciation for the excellent arrangement made by the Rajya Sabha Secretariat for a successful seminar. The books presented to us on the occasion dealing with the Socio-Economic Profile of Members of Rajya Sabha (1952-2002), Private Members' Legislation, Women Members of Rajya Sabha and Humour in the House - A glimpse into the enlivening moods of Rajya Sabha are informative sources of reference of longstanding value. The Rajya Sabha Secretariat has done exceedingly well not only to collect basic material of interest for these compilations, but also in presenting them in good print and pleasing get-up of the hard cover.

Further, there was a good innovation on your pait in inviting students of well known Universities and IITs to attend the Symposium. The upcoming YOlmgsters got an opportunity to corne in personal contact and to understand the importance and working of the apex legislature of the nation.

With my warm regards, Yours sincerely,

Sd/ (Era Sezhiyan) Shri Bhairon Singh Shekhawat, Chairman, Rajya Sabha Parliament House, New Delhi - 110001.

• December 25, 2003 Subject: Happy New Year To Date: Tue, 6 Jan 2004 12:06:03 +0530 (1ST) The Deputy Chairperson, From: "Ashish Mehta (00004011)"> [email protected] Rajya Sabha, To: "Dr. Yogendra Narain" New Delhi.

Sub: Regarding National Seminar on "Role & Relevanee of Rajya Sabha Respected Sir, in Indian Polity" held on 14th December 2003 at Parliament House Annexe, New Delhi. First of all I would like to wish you a very happy and prosperous (belated) new year. I am sorry for being too late in writing this mail. Hon'ble Madam, Sir, I would like to thank you for organising such an inspiring trip to the With all humility & sincerity I would like to present my heartiest gratitude on behalf ofBabasaheb Bhirnrao Ambedkar University, Lucknow to Rajya Sabha. Rajya Sabha and an educative Seminar on "Role and Relevance of Rajya Sabha th It is a matter of great privilege to me that Ihad a great opportunity in my life to see in Indian Polity" on the occasion of the 200 session of the Rajya Sabha. The and listen the eminent personalities of my country. It enriched me with political whole idea, planning and execution of the program was excellent and all of us and social awakening. learned a lot from it.

Madam, let me allow to present hereby my feelings on the Seminar: Sir, I would like to request you that (if possible) such Seminars should 1. The Seminar "Role & Relevance of Rajya Sabha in Indian Polity" happen more often to increase the understanding of Indian poli ty by the students. was valuable, educational and prominent for the students. Thanking you, 2. The speech given by the Deputy Chairperson was marvelous, motivational, energetic and par excellence especially for the students.

3. It could have been more beneficial for the students if they had been Sincerely yours, allowed to ask questions to eminent guest speakers in the open house discussion. Ashish Mehta 4. The Seminar was organized in a very excellent manner. (On behalf of the Students of lIT, Bombay)

5. The Rajya Sabha should give a certificate to each & every participant for attending the Seminar.

6. Fare of the journey (to & fro) should be provided to the participants.

Last but not least, I would like to thank Deputy Director, Shri S.D.Nautiyal for an excellent arrangement of boarding & lodging of students and having cordial relationship with students.

Faithfully yours, Sd/ (Dilip Kumar Jauhar) Ph.D. Scholar, Deptt. of History, Babasaheb Bhimrao Ambedkar University, Lucknow. MEDIA COVERAGE OF SEMINAR RS should address key issues first : Shekhawat * Poverty, electoral reforms & national security

VicePresident and Rajya Sabha He said many programmes Chairman Bhairon Singh Shekhawat touched upon the sensitivity of the on Sunday said that it is essential for Centre-State relation and observed the Upper House to focus on the key tha t the Rajya Sabha has to be issues like poverty allevia tion, concerned over the States' aspirations electoral reforms and national like inter-state water disputes .and. security. the national mission for inter-linking of rivers, an official Press .release "To make the performance of the said. Rajya Sabha more relevent and effective in meeting the present and The Chairman said as the House future challenges, there is a need to of Elders, the Rajya Sabha should set ponder as how to redefine and high standards for other elected , , reorient the role of the Upper House," bodies, including State legislatures he said. and Zila Parishads, to inspire the Inaugurating a seminar on the younger generation and secure their Role and Relevance of Rajya Sabha in participation in improving public Indian Polity to mark the 200thsession governance and nation building. of the Upper House, the Chairman saiditisesSentialtoevolvean approach Mr. Shekhawat and Rajya ofaction-basedon consensus not only Sabha Deputy Chairperson Najma among political parties but also Heptulla relesed four books-Humour between the Centre and the States on in the House, Socia-Economic Profile of issues like poverty allevia tion, Members of Rajya Sabha, Women population stabilisation, electoral Members of Rajya Sabha and Private reforms, speedy justice and national Member's Legislation- published by security. the Rajya Sabha.

'The Pioneer (New Delhi), 15 December 2003

------. ~ 132 Role and Relevance of Rajya Sabha in Indian Polity 133

Redefine Rajya Sabha role, 'RS must be alive to states' says Shekhawaf aspirations' *

Vice -President Mr. Bhairon democracy and the opportunity to Vice President and Chairman of Administration, he said; "In the Singh Shekhawat today emphasised build a strong and powerful India. Rajya Sabha, Bhairon Singh present political scenario, Rajya the need for redefining and re- Shekhawat on Sunday stressed the Sabha has a special role in bringing orienting the role of the Rajya Sabha Dr. Najma Heptulla, who need for Rajya Sabha to be sensitive about congruence in national and to make its performance more relevant concluded the session, said that in the and concerned with the aspirations State development policies." He said and effective so that the vision of 1950s the cream of the society joined of the States. the Upper House needs to be making India the frontline nation by Parliament, whereas today the youth Addressing a seminar on the concerned with issues like the the year 2020 could be achieved. have indifferent attitude towards "Role and Relevance of Rajya interstate water disputes and politics. Exhorting the students to Sabha in Indian Polity" organised interlinking of rivers which touch .Mr. Shekhawat who is also the shun cynicism, she emphasised the by Rajya Sabha Secretariat along upon the sensitivity of Center-State Chairman of the Rajya Sabha was need for an interactive and inclusive with the Indian Institute of Public relations. speaking at a seminar today on 'Role democracy. and Relevance of Rajya Sabha in Indian th Polity.' As part of the celebrations of On the occasion Mr. Shekhawat To mark its 200 session, RS plays the 200th Session of the Rajya Sabha, released a book, Socio-Economic Profile host to students ** the seminar was organised by the of Members ofRajya Sabha (1952-2002). Rajya Sabha in collaboration with the He also released another book titled In a way they were special guests It was organised to mark the Indian Institute of Public Administra- Humour in the HOllse:A glimpse into the invited to see how they reacted to the 200th session of the Upper House, and tion. enlivening moods of Rajya Sabha. Dr. Parliament and parliamentarians. was addressed by Rajya Sabha Heptulla also released two books- They were not only university Chairman and Vice-President Bhairon Mr. Shekhawat said the Rajya Women Members of.Rajya Sabha and students but those studying in lITs Singh Shekhawat. Sabha has a special role in bringing Private Member's Legislation. While the and lIMs across the country, called to Senior parliamentarian Madhu about coherence and congruence in book on women members covered watch a seminar on "Role and Dandavate, Dr L. M. Singhvi, former national and state development significant contributions of women Relevance of Rajya Sabha in Indian Chief Justice of India, Rangana th policies. He also emphasised that the members in the field of legislation in Polity." Misra, former Union Minister P. Shiv Upper House would have to take the the House and the book on private Shanker, journalists Harish Khare and lead and set high standards for other members dealt with the initiative of The Rajya Sabha Secretariat Kuldip Nayar, former governor V. S. elected bodies to emulate such as the private members in legislation in the chose an apolitical class of youth, Rama Devi, Era Sezhiyan, R. C. State Legislatures and Zilla House. possibly for the first time in its history. J Tripathi, Prof. Noorjahan Bava, Parishads. Over 80students from 10Universities, Secretary General of Lok Sabha G. C. Among others who spoke at the seven IlTs and two IIMs attended the Malhotra and Deputy Chairman of He called upon students to function included Prof. Madhu seminar held at the Parliament House Rajya Sabha, Najma Heptulla spoke further strengthen the rules of Dandavate and Dr. eM. Singhvi. Annexe on Sunday. atthe event.

'Hindustan Times (New Delhi), 15 December 2003 'The Statesman (New Delhi), 15 December 2003 "The Asian Age (New Delhi), 15 December 2003

..• . - 134 Role and Relevance of Rajya Sabha in Indian Polity 135

The students might have taken a Many programmes and projects while the Council of States could not Citing various such issues which keen interest in the seminar but the of national importance often touch bring down a government, it made a were brought up in the House over the attendance of sitting Rajya Sabha upon the sensitivity of Center-State valuable contribution through years, he said many of them merit members was very thin. relations. "Inter-State water disputes meaningful deliberations. a tten tion a t the na tional and and national mission for interlinking international levels. Mr Shekhawat said the Rajya of rivers are the typical examples. Domicile clause Sabha has to be sensitive and Rajya Sabha would need to be Besides a number of eminent personalities representing different concerned with the aspirations of the concerned with such sensitive The former member of the House, walks of life, the seminar was attended States. In the present political scenario, issues and evolve suitable and Kuldip Nayar, said a study of the by 83 students from various Central it has a special role to bring about appropriate manner of performing membership of the Rajya Sabha from universities, the Indian Institutes of coherence and congruence in national its role towards addressing these 1952-2002 revealed that five per cent Technology and the Indian Institutes and state development policies. issues", he said. of the elected members do not belong of Management. to the States they have been elected from. Referring to these members as On the occasion, the Vice- Shekhawat wants role of Rajya Sabha 'domiciled outsiders', he said the President, released two books -'Socio- need of the hour was to strengthen Economic Profile of Members of Rajya reoriented* the domicile clause and not abolish Sabha (1952-2002)' and 'Humour in it. the House: A Glimpse into the The Vice-President and should set high standards for other enlivening moods of Rajya'Sabha - Chairman of Rajya Sabha, Bhairon elected bodies to emulate particularly Referring to the first session of and the Deputy Chairperson of Rajya Singh Shekhawat, today stressed the the State Legislatures and zilla the Rajya Sabha, Harish Khare of The Sabha, Najma HeptuIla, released two need for the redefining and reorienting Parishads. Hindu said a member from the State other publications of the Rajya Sabha the role of the Upper House of of Madras, H.D. Rajah, had raised the Secretariat- 'Women Members of Parliament to make it more relevant Wi th the seminar being tailored problem of water scarcity and it "still R,ajyaSabha' and "Private Members" and effective in meeting the present to provide a forum for retrospection- remains with us". Legisla tion". and future challenges that confront for members of the Upper House and India as it tries to realise the vision of those having a say in policy-making becoming a frontline nation by 2020. both within and outside the establishment -the deliberations Students' Day out in Rajya Sabha* Inaugurating a seminar on centred around the contributions The 200lh session of the Rajya Bhairon Singh Shekhawat. The 'Role and Relevance of Rajya made by the Rajya Sabha in the past seminar entitled 'Role and Relevance Sabha in Indian Polity' here as part five decades. How it could become Sabha was celebrated recently in the of Rajya Sabha in Indian Polity' saw of the ongoing celebrations of the more meaningful to Indian polity, and Capital. On the occasion, 83 students eminent parliamentarians like Deputy 200lh session of the Upper House. the role of bicameralism in the Indian belonging to as many as 18 Chairperson of Rajya Sabha, Najma Mr. Shekhawat said the Council of context. Of the view that the educational institutions of repute, HeptuIla, Madhu Dandavate, and States had a special role to play in description of the Rajya Sabha as the from all over India participated in the Kuldip Nayar, to name a few and bringing about coherence in national 'House of Elders' was misconceived, function. The function was and State development policies. Also, the former Indian High Commissioner inaugurated by the Vice-President of journalist Harish Khare of The Hindu, according to him, the Rajya Sabha to the U.K., L. M. Singhvi, said that India and Chairman, Rajya Sabha, who provided students with

'The Hindu (New Delhi), 15 December 2003 'The Times of India' (New Delhi), Education Times, 22 December 2003 Role and Relevance of 136 interesting insights into the in the event. A student Alekh functioning of the Rajya Sabha since Tiwari from Lucknow said the 1952. This was the first time that decision to invite students from students were invited to a function prestigious institutions of India was such as this one. According to a a good one showed the polity's student of IIT Kharagpur, Saket interest in encouraging young blood's Kumar, "This was a new experience participation. He remarked, "I came for me. It was an exhilarating feelings to know about the functioning of the to hear seasoned parliamentarians Rajya Sabha and what it stands for, and people from other walks of life, in the future as well. I would like to on the role of Rajya Sabha and its attend more such conferenceswith my coming of age over the year". His colleagues".Another student from lIT counterparts Sandeep Kumar Singh, Mumbai Harsh Roy was of the AayushJain and Alok Kumar echoed opinion that such events actually the same feelings. Students were helped to bridge the divide between overall satisfied to have participated the polity and the youth.

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